FAQ Category: Personal Injury

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 an uninsured driver. However, the claim you’ll be filing will actually be with your auto insurance company. When we tell people this, their first reaction is usually fear that their own auto insurance rates will go up. Fear not. By statute, an automobile insurance company is not allowed to raise your rates if you bring a claim under your uninsured or underinsured motorist coverage for a Virginia car crash that was not your fault. If you want some more information, please read our guide on how to buy car insurance in Virginia.

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 to make the same argument at trial. Though it isn’t truly a valid argument, insurance companies use it all the time.

If your case goes to trial, one of the key issues before the Judge or Jury will be whether your testimony is credible.  If you have not been totally upfront about your previous claims, you will come across as trying to hide something.  This can be the case even if the omission has nothing to do with the case at hand.

Insurance companies have vast resources and access to intracompany databanks about your previous auto accident and medical treatment history.  You should assume that if you have previously made any sort of insurance claim – injury, property damage, worker’s compensation, etc. – that the insurance company knows about it and will use it against you.  The best thing that you can do is make sure that your personal injury attorney knows your complete medical history.

The degree to which your prior injuries will impact the settlement value in your case depends on the medical records in your own, individual case. However, if you have been in a prior accident – especially a recent accident – you will almost certainly need a Virginia personal injury attorney in order go get the type of recovery your case requires.

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 you will regret after you sign the release and need more treatment. In most cases, the week after the accident is way too early to be settling a Virginia personal injury case. This is because you do not know the extent of your injuries or how long it will take to treat them.

In some cases, adjusters will attempt to get you to settle your case for “a sum of money plus your out-of-pocket medical bills up to a certain amount within the next thirty days.”  This is a loaded statement that requires some unpacking.  First, the adjuster is trying to shortchange you by offering only your out-of-pocket costs.  Under Virginia law, you are entitled to the full amount of your medical bills, regardless of whether your health insurance carrier has already paid them.  In some cases, this will be really problematic, because you might find that you owe your health insurance carrier back some money at the end of the case.  Second, the adjuster is putting two artificial limits on your case – caps on time and on the medical bills.  If the bills are too high or your treatment goes on for too long, you’re out of luck.  In short, you should never settle a Virginia auto accident case before you are finished with your medical treatment.

If you have already made the mistake of settling your case early, there may be good news. Virginia law allows people who settle their case within thirty days of the injury without help of an attorney to rescind the settlement. However, you must do so in writing within three days of signing the release. If you have made this mistake and are now regretting settling your case, you should call an experienced personal injury attorney in Virginia immediately.

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 get your medical providers to hold off on sending you to collections by signing an Authorization & Assignment, which tells them that they will be the first ones to be paid in the event that you do get a recovery from your auto accident.

This is not to say that, in your individual case, you might not be better off if you simply declare bankruptcy. If you are thinking about declaring bankruptcy, you need to talk to a bankruptcy attorney. We can only advise you of the impact the declaration would have on your recovery in the auto accident case.