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.

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.

Is there a formula for settling Virginia car accident cases?

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 did it take you to recover from your injuries (or do you have a permanent condition)?
  • How much insurance coverage is available?
  • Was anyone involved drunk or intoxicated?
  • Did the injured person do anything wrong?
  • Were there any prior injuries?

Personal injury attorneys joke that “back in the day” the insurance company used to just multiply the amount of the medical bills by three. This is no longer the case! Today, the insurance companies fight to safeguard every last penny. Insurance companies now spend small fortunes training their adjusters to look for every little hole in a case and to be skilled negotiators. You want someone on your side who has the same background.

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.

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.