No. Under Virginia law, an auto insurance company may not “drop” you for filing a cliam under the uninsured motorist provision of your car insurance policy. This is codified in Virginia code 38.2-2212(C)(1)(n): No insurer shall refuse to renew a motor vehicle insurance policy solely because of any one or more of the following factors: … Continue reading Will my auto insurance company drop me for filing a claim against them under my uninsured motorist policy?
One of the more frequent questions that we get from clients who have been involved in car crashes in Fairfax and who have received poor settlement offers from an insurance company is why we’re not suing the company. When you file a lawsuit in Virginia for a car accident, you have to name the other … Continue reading Why aren’t we suing Allstate, GEICO, State Farm or USAA?
Medical Expense Payments Benefits, also known as “MedPay,” is an optional insurance coverage that is offered in DC, Maryland, and Virginia. MedPay is essentially a supplemental health insurance policy that pays for your medical bills when you have been in a car crash or motorcycle accident. MedPay is a no-fault provision. It pays out if … Continue reading What is MedPay?
Most people are surprised to learn that Virginia is not a compulsory insurance state. This means that it is perfectly legal to drive a car in Virginia without any liability insurance at all – either for bodily injury or for property damage. Most people believe that Virginia has a minimum auto policy requirement of $25,000. … Continue reading Is Virginia a compulsory car insurance state? Can you drive in Virginia without auto insurance?
When you’re making the decision about how much car insurance to purchase, it’s best to over-purchase. The vast majority of auto accident cases are settled for under $100,000. But you do not want to have the case with $200,000 in medical bills and only $100,000 of coverage. In Virginia, the minimum amount of insurance coverage … Continue reading How much auto insurance should I purchase in Virginia?
Answer: You are under absolutely no obligation to give the other driver’s insurance company a recorded statement. This is one of those lies that insurance companies tell. In most cases, the only purpose of a recorded statement in the couple of days after a crash is to try to get you on tape saying that … Continue reading Am I required to give the auto insurance company a recorded statement?
Answer: Probably. Because electric and hybrid vehicles do not have the same combustion engine sound that a gas-powered car does, they are often much quieter. In areas where the speed limit is 35 mph or slower, a government study has found that pedestrians are 50% more likely to be hit by a hybrid car than … Continue reading Are pedestrians more likely to be hit by an electric or hybrid car than a gas-powered car?
Answer: Texting has certainly become a major problems on the roads. But you probably cannot get punitive damages from the other driver under Virginia law. “Punitive damages” are damages that are designed to punish drivers. They are compensation for injured victims over and above the medical bills, lost wages, and pain, suffering, and inconvenience that … Continue reading Are punitive damages available in Virginia cases where I am hit by a texting driver?
Answer: It’s hard to imagine a set of facts that makes you 100% liable if you are rear-ended in a Fairfax or Virginia car crash. An argument could be made that if you were driving on 495 and slammed on the brakes for no reason, you might be liable for the crash. If the auto … Continue reading Can I be found liable for a Virginia car crash where I am rear-ended?
Answer: Yes. Virginia law allows you to bring a claim or file a lawsuit against a hit and run driver who caused a car accident, even if that driver is never identified. There are several things that you should do immediately after the car accident to document your claim, however. First, make sure that you … Continue reading Can I bring a personal injury case against a hit and run driver in Virginia?
Answer: No. In fact, “final offers” are rarely ever “final.” However, if you are an unrepresented non-lawyer, you might not be in the best negotiating position. The insurance company knows that you have limited knowledge of the law and of the procedures of filing a lawsuit. They also might suspect that you are too busy … Continue reading Do I have to accept a final offer from the insurance company after a Virginia car accident?
Answer: Car crash cases really break down into three categories when you’re deciding whether or not you want to hire a lawyer. Property Damage Only Usually, if you suffered no personal injuries, you should be able to settle your car accident case with the opposing insurance adjuster for approximately the same amount of money that … Continue reading Do I need to hire an attorney to handle my car accident case?
Answer: Not necessarily. Though our firm prepares each and every client’s case as if it is headed for trial, the reality is that the majority of personal injury cases in Virginia are settled without going to trial. In fact, most Virginia auto accident cases are settled without even filing a lawsuit. Before we file a … Continue reading Does hiring a personal injury attorney for my auto accident case mean that I will have to go to trial?
Answer: Determining the settlement value for a personal injury car crash case in Virginia is more of an art than a science. The value of any case depends on several factors including: amount of medical bills, amount of property damage, whether your injuries are permanent, whether you had pre-existing injuries, whether the other driver was … Continue reading How do I determine the settlement value for my Virginia auto accident case?
Answer: In Fairfax County, car accident reports are maintained in Central Records for the Fairfax County Police Department. Instructions on obtaining your report are here. To get a copy of the police report from your City of Fairfax auto accident, go to you need to go to the City of Fairfax Police Department Records Station … Continue reading How do I obtain a police accident report in Fairfax, Virginia?
Answer: Believe it or not, we find that a number of drivers who cause accidents in northern Virginia do not have car insurance, either because their coverage lapsed or because they never bothered to purchase it in the first place. Yes, you can still bring a claim for your injuries resulting from a crash with … Continue reading I was involved in a car accident with a driver whose insurance coverage had lapsed. Can I still bring a claim for my personal injuries?
Answer: Probably. Even if the pain you’re having now is to an entirely different part of your body and you haven’t had treatment in several years, you can bet that the insurance adjuster will argue that your recovery should be reduced because you have been previously injured. You can also expect the insurance defense lawyer … Continue reading I’ve had a couple of other auto accidents, but I haven’t had any sort of treatment recently, will these prior injuries impact my current car crash case?
Answer: Telling you that they are not liable for your medical bills because your health insurance company has paid the bill is one of the many tricks used by the auto insurance companies to get you to settle your claim for less than it is worth. In Virginia, the amount paid by your health insurance … Continue reading If my health insurance company pays my medical bills, do I still have a claim against the auto insurance company?
Answer: It would be nice if there were a formula for how to settle your Virginia accident case, but there isn’t. Determining settlement value depends on a variety of factors: How bad was the property damage from the car crash? What are your medical bills and what sort of treatment did you have? How long … Continue reading Is there a formula for settling Virginia car accident cases?
Answer: Remember that, as a business, the insurance companies first goal is to make money. They do this by collecting premiums from the insureds and then settling cases as quickly and cheaply as possible. The adjuster on his way to your house is probably going to offer you something that sounds attractive today, but that … Continue reading The insurance adjuster wants to come to my house and write me a check after my crash. How much should I ask for?
Answer: Yes. If you discharge some or all of your medical bills in bankruptcy, you are not entitled to turn around and claim them in your personal injury action. If you’re concerned about mounting medical bills after a car crash in Virginia, we may be able to help. In the past, we’ve been able to … Continue reading The medical bills from my Virginia car accident are making me think about declaring bankruptcy. Would that affect my recovery in a personal injury case?
Answer: In a case where someone is injured by a drunk driver with a blood alcohol concentration of 0.15 or greater, Virginia allows the injured party to sue for punitive damages. Punitive damages are designed to punish the offending party and are stacked on top of the compensatory damages that the injured person might typically … Continue reading What are punitive damages and when are they available in a Virginia drunk driving car accident case?
Answer: First, a contingency fee means that you only have to pay the attorney’s fee if he wins your case. The fee is a portion of the amount recovered from the insurance company or the individual. This is sometimes described as “no fee if no recovery.” Most personal injury attorneys in Fairfax charge a one-third … Continue reading What is the average contingency fee charged by personal injury lawyers in Fairfax?
Answer: The statute of limitations on an auto accident or personal injury case in the District of Columbia is three years from the date of the injury.
Answer: The statute of limitations on a personal injury case in the state of Maryland is three years from the date of the injury.
Answer: Usually, no. Just about every personal injury attorney we’ve ever heard of works on a contingency fee. This means that there is no “flat fee” for handling your auto accident case and there is no “hourly rate.” The attorney’s fee is contingent upon him getting some sort of recovery for you. For the most … Continue reading Will I have to pay my auto accident attorney a retainer fee up front when I hire him?