FAQ Category: Car Accidents

Am I required to give the auto insurance company a recorded statement?

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 you are not hurting that badly or that you think that your injuries are resolving. That way, they can use that recording to contradict what you and your doctors say about your injuries later in the case.

However, if it is your insurance company calling and trying to figure out how the accident happened, your insurance contract probably obligates you to cooperate with them in their investigation. If it is your insurance company calling, you should consult your attorney before making the decision about whether or not to give a statement.

Are pedestrians more likely to be hit by an electric or hybrid car than a gas-powered car?

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 by a non-hybrid vehicle.

Pedestrian auto accidents are not joke. Congress is responding to thist study. In 2011, they charged the Department of Transportation with coming up with a requirement for equipping the quieter cars with a sound that would warn pedestrians that the vehicle was coming.

Are punitive damages available in Virginia cases where I am hit by a texting driver?

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 would be available in a typical case. Punitive damages are reserved for accidents caused by drunk drivers.

Punitive damages are also available when a person has intentionally caused an injury or demonstrated such a willful and wanton attitude toward whether or not they caused injury that punishment is appropriate. The vast majority of texting cases do not rise to this level. A driver who is texting might be negligent, but they are probably not out there intentionally trying to hurt you.

Can I be found liable for a Virginia car crash where I am rear-ended?

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 insurance company is making noise about you being at fault for a Virginia car crash where you hit from behind, the more likely scenario is that they believe you might have contributed to the crash. Virginia has a harsh law called Contributory Negligence. What this law states is that if a driver contributes to the cause of the crash – by 10%, 1% or even .01%, then they cannot recover a dime for their injuries or for the damage to their car. The insurance company might be arguing that you stopped too quickly, that you didn’t signal before slowing down, or that you knew your brake lights were out. In any of these cases, it is possible that you might be found to have been negligent.

If the insurance company denies your claim for injuries because of contributory negligence, you should consult a Fairfax car crash attorney about your options.

Can I bring a personal injury case against a hit and run driver in Virginia?

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 call the police and get an officer out to the scene to take down any information that you have – license plate numbers, make and model of the car, description of the driver or of the property damage. Sometimes the police are able to find the hit and run driver based on a description of the damage done to the vehicle. In that case, you would not have to make a personal injury claim against an unknown driver.

Second, make sure that you call your auto insurance company and report the claim. Again, it is important to document your claim from the very beginning and to be specific about any details you know of the other driver.

Third, if you are injured, you should seek medical attention as soon as possible, just like you would in any other car accident case.

Finally, if you are seriously injured or if your auto insurance company begins to give you the runaround, you should contact an experienced Fairfax personal injury attorney to discuss your case.

Do I have to accept a final offer from the insurance company after a Virginia car accident?

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 to spend time in the courthouse pursuing your case. For that reason, “final offers” made to unrepresented car accident victims sometimes are final. And they’re often accompanied by remarks like:

  • “This case is too small for a lawyer to take”
  • “A lawyer is only going to take a third of what we’re offering – we’re not going to increase the value just because you hired a lawyer”

Don’t be intimidated by an insurance adjuster. If you call our office and your case is too small or we don’t think that we’d add enough value to your case that it would make sense to hire us, we’ll tell you. That’s only fair.

Other things that you might want to consider in deciding to negotiate your Virginia auto accident case on your own are:

  • Am I going to owe money to my health insurance company when this case is over?
  • Do I have to repay my auto insurance company if they paid some of my medical bills?
  • What should I be doing with the bill collector phone calls before my case settles?

If you run into the adjuster who will not budge from what you consider a lowball settlement offer, give us a call to discuss your case at 703-385-1100.

Do I need to hire an attorney to handle my car accident case?

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 an attorney could obtain for you. In property damage cases, you are entitled to money to repair or replace your car and for the use of a rental vehicle until your car is repaired or replaced. This type of work really does not require much, if any, legal skill. For repairs, simply get quotes from reputable repair shops and compare them to the amount offered by the adjuster. If your car has been totaled, determine the fair market value of your car by consulting reference sources such as the Kelly Blue Book, NADA Used Car Guides or Edmunds. Unfortunately, Virginia has very poor law on getting your car replaced if it is totalled and so you’ll probably end up with less money that it takes to actually purcahse the same car that was involved in the crash, but this is not typically something an attorney can help you with anyway.

Minor Injury Cases
If the injures are minor and you fully recover from the injuries in a few days, you probably do not need an attorney. Our firm considers “minor” to mean that you had less than $3,000.00 in medical bills. To obtain a fair settlement for your minor injury claim, read our website or order our free book on settling your Virginia car accident case and simply execute some of the strategies that are discussed. Like the property damage only type cases, minor injury cases usually do not justify the use of an attorney. If you have less than $3,000 in medical bills, we likely will not accept your case. We do this because we know that our fee will take up too much money to be worth it and you’ll end up with less in your pocket than you might have had without us. And that’s the last thing we want.

Major Injury Cases
If your case involves more than just property damage and minor injuries, it is likely that you will benefit by hiring an attorney. We’ve found that most people involved in motor vehicle crashes do not have the necessary negotiation skills, knowledge of the law and experience in evaluating damages to obtain a fair settlement value for major injury cases. Remember that the deck is stacked against you in these cases because of how much more than insurance company knows about the law than you do and the tricks the insurance companies play with car accident victims.. Do not be misled by the adjuster’s statements that hiring an attorney will reduce your net settlement or delay payment for your claim. This is simply not true in larger accident cases. In 2004, the Insurance Resource Council completed a study that found that people who used an attorney received an average of 3½ times more money in settlement than those individuals who settled on their own.

Does hiring a personal injury attorney for my auto accident case mean that I will have to go to trial?

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 lawsuit in your case, our attorneys will have reviewed all of your medical bills and records and provided you with an evaluation of your case. Then, a demand package is sent to the auto insurance company. In cases where liability (who caused the accident) is not disputed, the insurance company will typically make some sort of settlement offer. We then meet with our clients to discuss whether we will be able to come to an agreement with the insurance company or whether we should simply file suit and proceed with the litigation process.

How do I determine the settlement value for my Virginia auto accident case?

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 intoxicated and the amount of your lost wages. If you have questions about the settlement value of your case or feel the insurance adjuster is treating you unfairly, you should consult one of our experienced Fairfax, Virginia personal injury attorneys.

How do I obtain a police accident report in Fairfax, Virginia?

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 on Old Lee Highway or call Fairfax County Central Records Office at 703-246-2272. Accident reports can be released only to a limited number of people:

  • The personal injury attorney representing you;
  • Someone involved in the car crash;
  • The owner of a car involved in the auto accident;
  • A representative from one of the insurance companies involved in the crash.

If possible, you should obtain a copy of the accident report before meeting with a personal injury attorney in Fairfax. Bringing your accident report to the initial conference with your attorney makes it easier for him to determine whether you have a case, determine which parties are involved and submit the letter of representation to the appropriate insurance company.

Contact

We only take on cases we believe in and think we can win. Let us win for you.

No matter what you are going through, we are here to help. Timing is critical, so contact us as soon as possible to tell us what happened.

 

Law Offices of David L. Marks
10513 Judicial Drive, Suite 204
Fairfax, VA 22030
703-385-1100
703-385-1983 fax

Injured? Find out if you have a case.
Arrested? Learn how you can protect yourself.