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Virginia Car Accidents Questions & Answers
2 Answers | Asked in Contracts and Car Accidents for Virginia on
Q: Hello

I think I have been scammed

Peter N. Munsing
Peter N. Munsing
answered on Oct 8, 2018

How? We all have at one time or another.

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2 Answers | Asked in Personal Injury and Car Accidents for Virginia on
Q: Can I sue an individual for emotional trauma after being harassed and rear ended in a hit and run while driving?

I live in Woodbridge, Virginia. This morning I was involved in a hit and run, where an individual rear ended me on purpose while my car was in motion after terrorizing me for about a mile and a half. I obtained his license plate number when he drove away and called the police. My legal question is... View More

Jay Braddock Jackson
Jay Braddock Jackson
answered on Sep 23, 2018

In Virginia the negligent infliction of emotional distress is not an individual cause of action that may be brought without other injuries. However, if you were physically injured in the accident and received medical care and also received psychiatric care as a result of the trauma of the accident,... View More

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1 Answer | Asked in Car Accidents and Personal Injury for Virginia on
Q: Is it legal for someone to video tape my 17 year old forcing them to admit guilt in an accident without a parent?

He was in a car accident in a shopping center. The other driver was driving with a suspended license, no insurance in a borrowed car.

Jay Braddock Jackson
Jay Braddock Jackson
answered on Aug 24, 2018

It would be very difficult to answer this question definitively with the information available here. Generally speaking however, if out in public, there can be no expectation of privacy by you or your child. In that case, the recording itself is probably OK. So the question then is whether your... View More

1 Answer | Asked in Car Accidents and Personal Injury for Virginia on
Q: Pedestrian hit by a car. What are my options?

I was a pedestrian hit by a vehicle here in Virginia on June 1. As a result, my knees were pretty bruised up and my back was jolted. I went to the ER directly after via my own vehicle and have been to physical therapy since. The police came to the scene and there was an accident report made but no... View More

Jay Braddock Jackson
Jay Braddock Jackson
answered on Aug 24, 2018

It would be unusual for any insurance company to simply disregard its insured's version of an accident without any other testimony. However, the fact that there was an injury, even though slight, lends credibility to your version. If you went to the emergency room and advised the medical staff... View More

1 Answer | Asked in Car Accidents for Virginia on
Q: My vehicle was hit by a Town of Pulaski, Virginia, lawn mower operator on a 25 mph road.

He was driving down the middle of the road at about5 mph, looked over and appeared to nod me over to pass. He then pulled as far to the right as possible. He slowed his lawn mower. (There was a double yellow line.) When I slowly proceeeded to pass him, he took a hard left and drove his lan mower... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 17, 2018

What does the police report say? These are often more difficult cases than they seem. The other driver presumably now claims he signalled to turn etc . Another possibility if you have collision is run it through your insurance and let them go after the township.

3 Answers | Asked in Personal Injury and Car Accidents for Virginia on
Q: My teenage son was in a wreck where one friend died. Should he get a lawyer?

He was,the only one wearing his seat belt and performed CPR on the one boy. He returned to school to keep his mind off of the accident and his friend, however, this was very traumatic and he was in shock for a month. Would he be eligible for any type of compensation? He was not driving and speed... View More

Jan F Hoen
Jan F Hoen
answered on Aug 17, 2018

If he suffered a physical injury, he would have a claim for compensation.

Absent an injury, there is probably not a legally cognizable claim.

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3 Answers | Asked in Car Accidents for Virginia on
Q: Can undocumented individuals file a personal injury claim if they get into a car accident?
Peter N. Munsing
Peter N. Munsing
answered on Jul 18, 2018

Yes. They should contact a member of the Virginia Trial Lawyers Association for the county where the crash happened. They give free consultations.

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1 Answer | Asked in Car Accidents for Virginia on
Q: What is the best course of action to take when a bumper to bumper accident occurs and your car is at the back?

Wife was in a bumper to bumper accident & her car was at the back. There were no witnesses, no vehicle damage, and the other person's injuries were denied by our insurance (perfectly fine until police arrived then complained about back pain and taken to the hospital by ambulance). The... View More

Jan F Hoen
Jan F Hoen
answered on Jun 13, 2018

The injury claim will be handled by your insurance company. They will not provide you with an attorney to handle the traffic case.

Your wife can either appear and contest the charge on her own or hire counsel.

1 Answer | Asked in Traffic Tickets, Car Accidents, Insurance Bad Faith and Insurance Defense for Virginia on
Q: I was hit extremely hard from the side and was cited a tic for $30, went by ambulance to ER and didn’t give statement.

The lady was flying and I don’t feel I was fully responsible. It was a brand new car and I pd cash 4 days prior and my insurance said I didn’t upgrade it from insurance I currently had, which didn’t include collision. I’m responsible for damages on my car. If she were going the speed limit,... View More

Peter N. Munsing
Peter N. Munsing
answered on Apr 16, 2018

Don't give statments until you talk to a lawyer.Call a member of the Va Trial Lawyers Assn--they give free consults.

If you failed to yield you can be given a ticket.

Generally as she was contributorily at fault you can argue to your company she should have a proportional...
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1 Answer | Asked in Car Accidents for Virginia on
Q: I was recently involved in a VA no fault car accident. I have Medicaid, & car is deemed totaled. What should I be asking

The other party insurance has accepted responsibility. I just dont know what Im supposed to accept as far as settlement or offers. I was offered 500 for pain and sufferring & to pay for ER visit due to cervical sprain in neck and shoulder. Shouldnt my medical insurance cover that? I verbally... View More

Jan F Hoen
Jan F Hoen
answered on Apr 12, 2018

If you have not signed a release, it is not too late.

$500 for pain and suffering is not a fair offer.

See the Hampton Injury Law website for answers to all your questions.

Do not settle until you read the "Do's and Don'ts" for how to handle your claim....
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1 Answer | Asked in Insurance Defense, Small Claims and Car Accidents for Virginia on
Q: I was hit by another vehicle while driving my father's vehicle. I have some pretty bad injuries. Who gets the settlement

I was not the driver at fault.

Christian K. Lassen
PREMIUM
Christian K. Lassen
answered on Apr 2, 2018

The car money goes to car owner, injury money to you, but you'll need representation to get maximum compensation

2 Answers | Asked in Car Accidents for Virginia on
Q: I have a claim. I talk them last week. I stupid I really didn't Answer the most important question they ask.

Is ok for me to call back.

Jan F Hoen
Jan F Hoen
answered on Mar 13, 2018

If you were injured in the accident, it would be advisable to speak with an attorney before having any further communication with any insurance representative other than one from your own company.

Also, they are not permitted to record you without your permission. Don't agree....
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1 Answer | Asked in Car Accidents for Virginia on
Q: I got in a small fender bender.

The other driver and i were on a 3 lane road and coming up on a work zone forcing traffic to move left leaving it two lanes. He was in the lane being forced to merge and i was in the center lane. There were entrances to a hotel on his side so i didnt think he was going to try and merge, i thought... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 9, 2018

Let your insurance handle it --they will get the deductible back for you. If you were hurt contact a member of the Va.TrialLawyers Assn--they give free consults.

1 Answer | Asked in Car Accidents for Virginia on
Q: I was in an accident,the other party was at fault,and she fought it. Her ticket was dismissed. What recourse do I have?

My truck was damaged and needs to be fixed. I am being told that I now have to pay for my own repairs.

Jan F Hoen
Jan F Hoen
answered on Feb 16, 2018

The answer depends on the facts of the accident.

A traffic summons to the other party does not determine civil liability. You would still have the burden of proving that her negligence was the sole cause of the damage to your vehicle. In Virginia, you would be unable to recover if you...
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1 Answer | Asked in Car Accidents, Personal Injury and Workers' Compensation for Virginia on
Q: I was awarded 500 wks. Through WC. Seven years later, an Employers App. was filled. Can they make me go through an IME?

I’ve had multiple surgeries, been through Vocational Rehab to no avail, I’ve been through 3 IME’s, I’ve seen one of their pocket Dr.s, another whom has been employed by the Defendant, and had a medical records evaluation done by that Dr. that’s never seen me and because the Dr.s are their... View More

Jan F Hoen
Jan F Hoen
answered on Feb 14, 2018

If they have filed an application to terminate your wage benefits and it has been set for a hearing, it would be advisable to retain counsel. It is not possible to answer your question based solely on your description of events. If you already have counsel, your question needs to be directed to... View More

1 Answer | Asked in Car Accidents and Workers' Compensation for Virginia on
Q: I was at work driving a tow truck and I hydroplane in the rain and flip my truck broke my neck and am c6&c7 paralyzed

In a wheelchair and am getting wc and the adjuster is being unreal on thinks like meds treatments in my need of a home aid and just unreasonable on stuff that they should take care of !! Would it be a bad I deal to tell my issues and problems to people on social media and tv radio station??

Peter N. Munsing
Peter N. Munsing
answered on Feb 2, 2018

Not now as you may have a "crashworthiness " case against the manufacturer of the truck. Feel free to call me if you have questions.

Going on social media has a lot of risks. Short answer: not right now. Suggest you contact a member of the Va.Trial Lawyers Assn who handles comp....
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1 Answer | Asked in Car Accidents and Workers' Compensation for Virginia on
Q: It has two years since an accident that is covered by WC. Recent complications indicate that Adrenal failure is present.

As with most every request by MD It is a fight to get approval. The care has been very disjointed and it is apparent the MD are frustrated with the process. Can this be considered negligent and what if it turns into an Adrenal crisis which is life threatening

Peter N. Munsing
Peter N. Munsing
answered on Jan 25, 2018

If you mean can you sue the WC carrier for bad faith? Unlikely as they are merely using the legal process and your legislature decided to tip the scales in favor of the carrier. However if the wreck was not your fault this would be part of your injury claim. I assume you have an attorney for these... View More

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Virginia on
Q: GAP insurance co refused to talk to me. Told me they were communicating with Geico. Now I'm stuck with balance.

I totaled my car in April 2017. The car was in my dad's name and I was listed as the co-signer. I had insurance though Geico and GAP coverage I purchased from the dealership. I had a concussion so my mom was taking care of most of the paperwork from the accident. She had a hard time getting... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 18, 2018

Talk to the lender. If yoiu still owed for sure they would let you know. But if you still owe, then call Gap, ask for a supervisor, explain what happened and as you are the insured,policy holder they must speak with you. If you get no satisfaction contact the Colorado AG's office of Consumer... View More

1 Answer | Asked in Personal Injury and Car Accidents for Virginia on
Q: With a special verdict is it possible the other party could settle out of court?

If the ruling was in my favor but because of special verdict is it possible the other party will negotiate to settle out of court. Is going back to court the only way with a person injury civil suit

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Jan 14, 2018

Without being clear on the question you are asking, if you were the prevailing party in a personal injury jury trial that had a special interrogatory as part of the verdict, I don't see why you couldn't now settle your case with the defendant(s). Defendants many times file posttrial... View More

2 Answers | Asked in Personal Injury and Car Accidents for Virginia on
Q: Went to court jury ruled in my favor but I later found out that it was considered a special verdict. Could you explain

I don't know what that means. Would I need to start all over again. This is for a personal injury civic case

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Jan 14, 2018

A special verdict can mean any number of things including, but not limited to, a more detailed verdict explaining why the jury ruled the way they did. Without reviewing the special verdict form, a lawyer cannot advise you any further. If you have legal questions, you need to schedule a consult and... View More

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