Auto Accidents Archives - David Marks Law

Will my auto insurance company drop me for filing a claim against them under my uninsured motorist policy?

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: (n) […]

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 […]

What is MedPay?

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 […]

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. […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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