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Virginia Car Accidents Questions & Answers
2 Answers | Asked in Car Accidents for Virginia on
Q: Should I sue for damages in an auto accident that I was not at fault and their ins. has denied claim.

I was rear ended in an auto accident. The driver of the other vehicle did not own the car he was driving. The owner of the vehicle has insurance but does not feel responsible for damage to my truck. I have filed a claim with her insurance company, they denied the claim because they cannot get in... View More

Jan F Hoen
Jan F Hoen
answered on Nov 27, 2016

Do not give up. An attorney can assist you with your claim. If the claim has actually been denied, as opposed to delayed in being accepted, you need to make sure your own insurance carrier has been notified of a possible uninsured motorist claim.

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1 Answer | Asked in Bankruptcy, Workers' Compensation and Car Accidents for Virginia on
Q: 3yr Chp13 pay plan almost 1yr pd, a reckless driver hit me, got injuries & damages, if I sue, will award go to Chp13
Peter N. Munsing
Peter N. Munsing
answered on Nov 22, 2016

Depends on when you get the award. Usually, you won't get any significant award for some time. However you have a duty to notify your lawyer so that they can notify the bankruptcy trustee. If it does go there it reduces your indebtedness, and usually they work it so you get some anyway, so... View More

1 Answer | Asked in Car Accidents and Traffic Tickets for Virginia on
Q: If I get in a accident only involving myself and don't get a ticket on site. Can they send me one in the mail
Peter N. Munsing
Peter N. Munsing
answered on Nov 22, 2016

Yes they may. You may or may not want to plead not guilty depending on the facts and circumstances. If there are points you will want to get a consult from an attorney who handles tickets in the county where it happened.

3 Answers | Asked in Car Accidents, Civil Litigation and Personal Injury for Virginia on
Q: Can a motorist sue for physical, emotional damages after driving away fine, and not fillng an insurance claim in nj?

i was in going straight and the other vehicle was turning left, but was standing really close to the line when i drove off my door scrap against their door. police officers came no tickets are blame were given the motorist drove off and i went on my way that was 2 years ago now i receive a lawsuit... View More

Jan F Hoen
Jan F Hoen
answered on Oct 6, 2016

Allow your insurance company to handle this matter.

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1 Answer | Asked in Car Accidents for Virginia on
Q: Early this morning I was hit by a car. I was legally crossing the road (pedestrian signal was on, a car made a left

turn hitting me. I was airborne, then landed on ground rolling. Spent 4 hrs. at hospital. Nothing broken, just very sore. Back and right arm hurts at a level of 10.The did not give me any pain medication. I will be out of work probably for a week.

What, if anything, do you suggest. I... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 30, 2016

You should be covered by medical payments on the car that hit you. You need to follow up with a doctor--ER just exists to make sure you don't die on the spot. You aren't a crash test dummy. The other insurance may have a front-loaded wage loss provision.

You should get a...
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2 Answers | Asked in Car Accidents for Virginia on
Q: If there is a car accident involving a pedestrian who darted into on coming traffic, who is at fault?

The pediestrian was homeless and darted into 6am work traffic.

Jan F Hoen
Jan F Hoen
answered on Sep 28, 2016

Based on your brief description, an insurance company would deny such a claim if made by the pedestrian. If you were the driver, report the incident to your insurance carrier immediately.

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1 Answer | Asked in Small Claims, Car Accidents and Consumer Law for Virginia on
Q: Do I have any rights to secure more money than just book value in order to cover my loss to payoff my existing loan?

Hoping you can help. I was rear-ended yesterday morning on my way to work. I was in a Lexus IS, he was in a company truck (a Ford F150). I learn today that my car is a total loss. My understanding is that I will get book value for the vehicle. However, my loan is for more than the book value... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 13, 2016

The more money is your injury claim. If you got hurt you need to get a medical checkup. You aren't a crash test dumy. If your lexas was totalled that is some hit. Contact a meber of the Virginia Trial Lawyers Assn--they give free consultations.If your car is a lease that is on you. Likewise... View More

4 Answers | Asked in Car Accidents, Criminal Law, DUI / DWI and Personal Injury for Virginia on
Q: my friend was charged with DUI and hit and run in maryland. i was in vehicle, police took my info. will i be charged to?

My friend was involved in a traffic accident; dui, reckless driving, involved in accident failure to return to accident scene charges. The Police didn't make me fill out a statement or anything but they took my information and said that I was good to go. Will I be charged to? Do I have to get... View More

Susan Fremit
Susan Fremit
answered on Sep 6, 2016

Generally, if you are going to be charged with a criminal offense, it will be done at the scene. It would appear that you will not be charged. If you are later charged, do not make any statement to the police; retain a lawyer at that time.

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1 Answer | Asked in Car Accidents for Virginia on
Q: Am i libel for personal property damage done to a car on public property? My son scratched a car with his bike .
Peter N. Munsing
Peter N. Munsing
answered on Jul 21, 2016

If you hit a car on public property you are responsible right? So why is this different? It isn't. (also suggests poor judgment--you don't ride close to any vehicle as you don't know if they will open their door, pull out , etc).

1 Answer | Asked in Car Accidents for Virginia on
Q: accident happen 6/12 ins co contact 6/12 & told car total loss car appraised 6/16. finally said they will send ck. 7/13

Only contact is me calling claims. Total loss confirm online 6/16. I called rep 6/21 left mess called again 6/22 they sent envelope to sent title back. Title return 6/24 left several mess and sent email for settlement. Finally they said they will sent ck. 7/13 and should rec'd 7/14. We told... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 16, 2016

Im assuming this is your company, not the other person.s Generally the insurance company has 30 days to resolve propertty claims.Hopefully by now you have the check. It's tacky but not at this point a violation of statutes. But contact a member of the Virginia Trial Lawyers Assn to be... View More

1 Answer | Asked in Criminal Law and Car Accidents for Virginia on
Q: How long does a hit and run investigation take? The criminal was found and refused to comply.

My car was hit and the criminal fled the scene of the accident. The car no longer works because the whole back got destroyed. A neighbor saw the man speed away and notified me about his location. The criminal admitted that he caused the accident to my mom and exhibited signs of intoxication. Once... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 16, 2016

Follow up with the police. They can at least work it like a crash. If you have collision use that--they can hassle over it. You can make a claim with his insurance if the police get it. Get treatment for your injuries because you want to minimize fallout and you may have an uninsured motorist claim... View More

1 Answer | Asked in Car Accidents for Virginia on
Q: Are we responsible for the difference between what someone still owes on their vehicle, and what the insurance paid?

My wife was in a rear end collision, her fault. Our insurance has totaled out the car she hit (was minor bumper damage, but the car was too old and not worth the fix per the insurance company). The person she hit is now claiming she has no choice but to file a suit against my wife after... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 9, 2016

If your wife is sued you need to make a copy of anything you get served with,notify the insurance company by phone, by email, by faxing them a copy of what you got to their attention using the claim # from your wife's claim, and by mail certified return receipt. Generally your company will... View More

1 Answer | Asked in Car Accidents, Civil Rights, Constitutional Law and Criminal Law for Virginia on
Q: Is a police officer or department liable for damages, injuries or even death that after a vehicle pursuit is terminated?

If an officer chooses to stop a pursuit due to a potential policy violation but the suspect then continues to flee and ultimately causes damage, injury or death to civilians is the officer or department liable?

Peter N. Munsing
Peter N. Munsing
answered on Jul 1, 2016

I don't see the case, but in any event the coverage issues as to the criminal's car will require advice and the family should seek direct advice from a member of the Virginia Trial Lawyers Assn.

2 Answers | Asked in Car Accidents and Traffic Tickets for Virginia on
Q: Is the officer allowed to give me a ticket while I was under the influence of narcotics?

I was recently involved in a car accident. Me and the other driver were taken to the hospital. When I came back from my CT scan a officer was in my room waiting. He gave me a ticket saying "I find you at fault for the accident because of an eyewitness". My question is can the officer... View More

Gary D. Godman
Gary D. Godman
answered on May 24, 2016

Sure, that doesn't affect whether he can give you a ticket. You were coherent enough to understand what was going on - you have the ticket and you remember what he said. Go to court as summonsed. You may want to consider consulting with a local traffic attorney to help protect your driving... View More

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2 Answers | Asked in Personal Injury and Car Accidents for Virginia on
Q: I was in a car accident and just would like to know if I can receive the PIP money from the policy up front ?

The car I was driving was my moms and under her policy she has 2k per passenger and thats not much. I thought since its not much and we do not have health insurance it may be easier to get a check and go as self pay ? I don't have any other policies that would cover the difference , Is this... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 15, 2016

Usually the PIP is paid directly to the provider, so unlikely you would get it from USAA up front.

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1 Answer | Asked in Workers' Compensation and Car Accidents for Virginia on
Q: My knee was injured at work on Dec. 29 th. The workers comp was paying for doctor, meds, PT, and last appt an injection

This was in March (was still having pain) April 8th I was in an auto accident and broke my tibia and fibula of the same leg. Any ideas what happens with workers comp in VA NOW? It still bothers me but am afraid they will say it's due to the accident. Please help

Jan F Hoen
Jan F Hoen
answered on Dec 31, 2015

This question is best answered by an attorney who has an opportunity to review your records and obtain opinions from your physicians.

As a general matter, there will probably be a worker's comp lien for payments made after the date of the auto accident by the employer's insurance...
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1 Answer | Asked in Personal Injury and Car Accidents for Virginia on
Q: Is it worth getting an attorney for an auto accident in Virginia when the accident was completely the other ones fault?

I have no broken bones just whiplash and ruined my holidays last year 2014. I was in pain and took so many muscle relaxers I felt like I couldn't do anything, I did do the 6wks physical therapy and received a ct scan at the ER but I just have a feeling I'd come out even if I settled it... View More

Jan F Hoen
Jan F Hoen
answered on Dec 31, 2015

You will most likely benefit from having the services of an experienced injury attorney. You should at least speak with an attorney for advice on handling the claim. Initial consultations are usually free. You will be at a significant disadvantage when negotiating with an adjuster. For example, you... View More

1 Answer | Asked in Car Accidents for Virginia on
Q: What does enter/set in motion vehicle mean?
Adam Studnicki
Adam Studnicki
answered on Nov 13, 2015

See if local statutes or case law include a definition.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate...
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1 Answer | Asked in Car Accidents for Virginia on
Q: My new car was totaled in an accident. How do I recoup losses against the driver that hit me?

How do I recoup the loss of what I paid on my car ($11500) vs. what my insurer gave me ($6000) vs. what it costs to replace the car (17000)? I paid a down payment of $7000 and made $4500 in car payments on my $13,500 loan. My insurer paid off the lender ($9000) and gave me a check for $6,000. I... View More

Jan F Hoen
Jan F Hoen
answered on Nov 3, 2015

When there is a "total loss" the defendant driver cannot be held responsible for the costs associated with your loan. He or she did not negotiate the purchase price or the financing of your loan. It is fortunate you were not "upside down" on the financing, which sometimes... View More

1 Answer | Asked in Car Accidents for Virginia on
Q: What are my options if an auto mechanic totaled my car?

I dropped my 2004 Nissan Altima off to the repair shop with a check engine light problem to be diagnosed for an estimate. Three days later I received a call that my car was totaled while being "test driven." What concerns me is that the scene of the accident was 17 miles out of the... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 18, 2015

Maybe.

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