Is Virginia a compulsory car insurance state? Can you drive in Virginia without auto insurance?

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. This is only partially true. A $25,000 liability for bodily injury (per person) is the lowest amount that you can purchase a Virginia car insurance policy for. However, if you pay $500 a year to the state’s Uninsured Motorist Fund, you do not have to purchase any insurance at all from GEICO, Allstate or Nationwide.

What does this mean for you?

It means you better protect yourself from the people out there trying to save money by not carrying liability insurance. You can do this by purchasing a decent amount of Uninsured or Underinsured motorist coverage on your own auto policy. Read our article on how to buy auto insurance in Virginia for more information.

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.

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 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.

What are punitive damages and when are they available in a Virginia drunk driving car accident 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 be awarded for their medical bills, lost wages and pain and suffering. Punitive damages can increase the value of your case significantly, so if you are involved in a motor vehicle accident with a drunk driver, it is important to consult an experienced personal injury trial lawyer.

What is the average contingency fee charged by personal injury lawyers in Fairfax?

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 contingency fee in auto accident cases. This is true throughout northern Virginia – from Arlington to Loudoun to Prince William and Alexandria. However, we have heard of some attorneys charging as much as 40 or 45% for cases that require you to file a lawsuit. While cost should not be the sole determining factor in hiring an attorney, it is important to ask an attorney who charges a larger fee whether there is anything in your case that presents a particular challenge or requires a certain expertise.

Our firm charges one-third in all auto accident cases and our fee does not change even if your case goes all the way to trial.

Will I have to pay my auto accident attorney a retainer fee up front when I hire him?

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 part, personal injury attorneys do not charge a retainer fee up front.

This is not to say that you might not incur costs along the way. In cases that are going to trial, you might have to hire an expert medical doctor to testify on your behalf or hire a toxicologist in a drunk driving case, but the decision to hire these experts is made later on in the process of handling your case – when it is decided that the case is not one that will likely settle before trial.

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.
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