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Virginia Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents for Virginia on
Q: Got rackless driving 46.2.852 Ticket while crossing the red light and hit someone car.

Got rackless driving 46.2.852 Ticket while crossing the red light and hit someone car.

Ticket says "Rackless driving - General (46.2.852). Ran red light on st w/ injury.

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Jan 8, 2018

Go online and search for "criminal defense lawyer near me" on google or find a lawyer you can trust and schedule a consultation.

1 Answer | Asked in Car Accidents for Virginia on
Q: Do I have to pay a woman claiming my son hit her parked car?

No police report. No damages to my son's car. She claims to have a witness. She has his license info.

Beau  Correll
Beau Correll
answered on Jan 7, 2018

Why would anyone have a legal obligtion to pay anything if they did not cause the damage or injury? While there are occasions where that may apply, there's no reason - on the facts given - that such an exception would apply in your case.

1 Answer | Asked in Car Accidents for Virginia on
Q: My husband my two daughters and my niece and I were in an car accident November 11, 2017 were at the settlement part now

and i feel insulted with the offer ...should i get a lawyer or sue the warrant in dept

Beau  Correll
Beau Correll
answered on Jan 7, 2018

Well, frankly, ask yourself: would you hire a plumber if your toilet had sprung a leak and was filling up your bathroom? Would you hire an electrician if your panel was shooting sparks? You get the point.

Claim valuation is both a science and an art. You could try it yourself or get a...
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1 Answer | Asked in Car Accidents and Personal Injury for Virginia on
Q: Is pain and suffering always based on medical bills for car accident ?

Hello, if a person was injured in car accident with serious pain and suffering, do they only base it on medical bills ? Or can they be determined by what the medical records state ? Thanks so much !

Beau  Correll
Beau Correll
answered on Jan 7, 2018

There are a lot of things that need to be unpacked in your question and frankly, you probably need a consultation with an experienced personal injury attorney. All that aside, if you are asked with regard to insurance companies they typically add up your medically necessary treatment, then... View More

2 Answers | Asked in Car Accidents and Personal Injury for Virginia on
Q: What court do you file if they want to sue for 100k without a lawyer for car accident ?

Can a person file a lawsuit now and hire a lawyer later ? If there are some reasons , they cant find a lawyer now, can they file and hire someone to help after that ? The courts said you dont need a lawyer to file. Is that true ? Thanks so much for all your help.

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Jan 5, 2018

The lawsuit would typically be brought in Circuit Court. While it is true you don't have to have a lawyer by law to file, personal injury is complicated, and it even takes an experienced personal injury attorney to adequately present your case if you want to have any chance of being successful.

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1 Answer | Asked in Personal Injury and Car Accidents for Virginia on
Q: cam Allstate later a sign document after me signing?

Can Allstate alter a signed document*

My wife was rear ended by an Allstate customer. We are going through a settlement process with them. They asked my wife to sign a medical release form. My wife filled the form out, but she forgot to fill in the dates for how long back they could access... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 3, 2018

Not if they altered but if they made it clear that was they date they received the document back...........well, you sent it to them.

If your wife is still being treated you shouldn't be settling, but should contact a member of the Va. Trial Lawyers Assn for the county where the wreck...
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2 Answers | Asked in Car Accidents and Personal Injury for Virginia on
Q: PLEASE HELP , Is it too late to settle my personal injury claim on my own ?

I was in a accident and there is only 1 1/2 months left to settle the claim. I have not submitted anything yet and would liek to know if I send the adjuster all the medcial bills and records, can I still settle it before the 2 years ?

They told me it needs to be SETTLED before Feb 1. 2018/... View More

Jan F Hoen
Jan F Hoen
answered on Dec 11, 2017

My firm website has information on handling a claim.

Look under the "Practice Areas" tab for a list of "Do's and Dont's".

If the case does not settle soon, suit must be filed prior to the two year date or the claim will be barred forever.

Do not...
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1 Answer | Asked in Traffic Tickets and Car Accidents for Virginia on
Q: Fail to Yeild ROW (Offense Description- Fail to yeild at uncontrolled intersection

I was turning off lee hwy left onto island rd. Light turned green half way thru a car speeding toward the light cut over to get around a suv and ran thru the light hitting the back passenger side of my car. They kept going on I stopped my passenger ck see damage. Small bump n saw they had not... View More

Wilfred Yeargan
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answered on Dec 6, 2017

You may be able to get charges dismissed. Contact an experienced traffic lawyer for advice about the case. The lawyer can appear in court and argue that the facts are insufficient to sustain a conviction under the statute.

1 Answer | Asked in Car Accidents, Criminal Law, Federal Crimes and Traffic Tickets for Virginia on
Q: Will my second reckless driving ticket be a felony? The second is for an accident, the first was for speeding

One person was hurt and taken to the hospital, ticket says reckless driving general: endangering others, or something like that

Wilfred Yeargan
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answered on Nov 17, 2017

No, it will be charged as a Class 1 misdemeanor. This is punishable by jail time of up to 12 months, a fine of up to $2,500.00, and/or suspension of your driver's license for up to six months. You need to consult with an experienced traffic defense attorney. They can help you possibly get... View More

2 Answers | Asked in Car Accidents, Gov & Administrative Law and Small Claims for Virginia on
Q: My personal vehicle was damaged by a state vehicle on state property. Can I sue?

I work for the state and my truck was hit by a state vehicle. Approx 1000.00 damage. I have 1000.00 deduct. I was told i had to use my own insurance but the fault was the states and it was admitted as well as a police report. Would it be bgetter to take the dept of Corrections or the State of VA... View More

Jan F Hoen
Jan F Hoen
answered on Nov 8, 2017

You can use your insurance and allow them to recover their payment and your deductible in arbitration with the Commonwealth.

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1 Answer | Asked in Car Accidents for Virginia on
Q: Being sued

I was in an accident in December of last year which caused damage to my car and the other parties car. When we went to court the charge was dismissed. Now the other party is trying to sue me for $25,000. Is that possible if so does she have a case?

Jan F Hoen
Jan F Hoen
answered on Oct 26, 2017

If you were charged with a traffic offense, it makes no difference in the civil action whether that charge was dismissed or not.

If you are being sued, notify your insurance carrier and they will provide you a defense.

2 Answers | Asked in Car Accidents for Virginia on
Q: someone hit me by car and i want raise a case . what the steps i have to do it? thank you
Jan F Hoen
Jan F Hoen
answered on Oct 24, 2017

My firm's website has a guide of "Do's and Don'ts" for handling a claim.

Look under the Practice Areas tab.

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1 Answer | Asked in Car Accidents and Insurance Bad Faith for Virginia on
Q: What is the statute of limitation on filing a car insurance bad faith claim in virginia?
Peter N. Munsing
Peter N. Munsing
answered on Oct 20, 2017

Big question in these cases is when you knew of the bad faith. Members of the Va. Trial Lawyers Assn give free consults. Look for someone who handles bad faith cases and see what they say as to your case.

1 Answer | Asked in Car Accidents, Insurance Defense and Small Claims for Virginia on
Q: Warrant in debt claiming that I owe about 6500 to Geico Insurance.

I have been served with warrant in debt claiming that I owe about 6500 to Geico Insurance.

The incident happened in June of last year. I was driving at the intersection of glebe and columbia pike in Arlington when I rear endeded in to another car at the red light. The lady in the car in... View More

Jan F Hoen
Jan F Hoen
answered on Oct 19, 2017

Because you were uninsured, the claim would have been paid by the other driver's uninsured motorist coverage with GEICO. They now have the right to pursue you through subrogation for what they had to pay.

If you wish to contest the damages, you should retain counsel. GEICO will have...
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1 Answer | Asked in Car Accidents for Virginia on
Q: My son was hit by car he was the only one injured but police report says he was not paying attention turned and car

Hit him will the insurance company pay or what will happen

Jan F Hoen
Jan F Hoen
answered on Sep 25, 2017

If he contributed to the collision by turning and failing to yield to an oncoming vehicle, he will not be able to recover from the other driver's insurance.

The company insuring the vehicle he was operating will probably pay to repair the other vehicle. He would have to use the...
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1 Answer | Asked in Car Accidents for Virginia on
Q: Child riding down road on bank was hit by car was not paying attention and turned without looking and car hit him

Will I have to pay or will the insurance company of the driver

Jan F Hoen
Jan F Hoen
answered on Sep 25, 2017

How are you involved? It is not possible to determine from your statement.

Was the child in your vehicle?

Were you driving one of the vehicles?

Which vehicle did you insure?

Did either driver received a summons for a traffic violation?

Report the matter to...
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2 Answers | Asked in Car Accidents for Virginia on
Q: So my son was riding his bike and did not signal and a car hit him will the insurance company make me pay or the driver
Jan F Hoen
Jan F Hoen
answered on Sep 21, 2017

Your question contains insufficient facts to provide an answer.

Feel free to call my office to discuss further.

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1 Answer | Asked in Car Accidents and Traffic Tickets for Virginia on
Q: I was involved in an accident , however it was not my fault and I only have a permit no one was in the vehicle with me

what would happen only because I have my permit

Peter N. Munsing
Peter N. Munsing
answered on Sep 19, 2017

Hopefully nothing--you didn't give anyone a reason to ticket you. However the insurance may want to "rate" you and you will need to push back on that.

2 Answers | Asked in Civil Litigation, Car Accidents and Small Claims for Virginia on
Q: Am I responsible for damage to a car my 14 year old accidentally caused? Wouldn't the owners insurance cover the damage?

My son was riding a bike on a side street and lost control of the bike and ran into the back of a car scratching it with the handlebars. The owner was in the car at the time and immediately started yelling and cursing at him. She told my son that his parents would pay to get her car fixed. He was... View More

F. Paul Maloof
F. Paul Maloof
answered on Sep 19, 2017

The answer will depends on what your auto policy coverage states. You should contact your auto insurance agent or the insurance company and ask your questions about coverage.

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1 Answer | Asked in Civil Litigation and Car Accidents for Virginia on
Q: Hello,I let my bro in law borrow my car and he let his gf drive it instead (found out his license was suspended). VA

His gf totalled my car by running into a car that had 4 people in it. My brother in law's mother was sending me a check for $250 a month to help pay off the towing bill/save up for a new car. She stopped sending the check. The gf's ticket stated: reckless driving/out of control. The court... View More

F. Paul Maloof
F. Paul Maloof
answered on Sep 12, 2017

My law practice does not involve auto accident cases. Sorry.

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