Have you ever wondered if Virginia is a no-fault state for car accidents? This article provides an answer to this all-important question and goes over some recoverable damages.
Every day, traffic collisions occur. Even if you take every precaution and obey traffic laws, a terrible traffic accident could still happen. If you find yourself in an accident, you might be wondering, is Virginia a no-fault state for car accidents?
The question is important as the answer determines if the liable party will pay compensation for injuries. So, the answer is NO; Virginia is an “at-fault” auto accident jurisdiction. Also, Virginia has a strict contributory negligence law that affects compensation awards.
A Virginia auto accident attorney will guide you and attempt to ensure you receive the proper settlement if you file an insurance claim for compensation or a personal injury lawsuit. Read on to find out more about Virginia fault laws.
Virginia Is an “At-Fault” Car Accident State
For car accidents, Virginia is not a “no-fault” state. In the Commonwealth of Virginia auto liability insurance laws, the person determined to be “at fault” for a car accident is held legally responsible for the resulting damages like hospital expenses.
This means that whoever caused the car collision is also liable for any damage that results from it. In practice, the at-fault driver’s insurance company will cover these losses up to policy limits.
The claim for damages covers medical bills for treatment of bodily injuries, lost wages, accident-related expenses, burial expenses where the victim dies, etc. The victim can also file property damage claims and demand noneconomic damages.
Virginia’s auto liability insurance system also uses a harsh contributory negligence law which bars accident victims from recovering compensation if they are found to be even slightly at fault for the crash. There are only a handful of states that use this rule, and this is one of the reasons it’s a good idea to contact a Virginia auto accident attorney after a crash.
Virginia’s Requirements for Car Insurance
Virginia has a minimum amount of liability coverage every motorist must purchase. It includes the following:
- $30,000 per person, $60,000 per accident for bodily injury
- $20,000 per accident for property damage
- $30,000 per person, $60,000 per accident for uninsured motorist bodily injury
- $20,000 per accident for uninsured motorist property damage, with a $200 deductible for hit-and-runs
Liability coverage pays the medical costs and other expenses of drivers, passengers, and pedestrians who are injured or have their vehicle damaged in a car accident, up to coverage limits. The property damage liability will cover the car repairs of the other driver.
Carrying more insurance can protect you if a catastrophic accident causes severe vehicle damage and injuries. Higher insurance limits can help safeguard your assets in a major accident because once policy limitations are used up, you are personally responsible for the remaining debt.
Who Does an Injured Car Accident Victim Sue to Recover Damages?
In Virginia, there are three ways for someone who was hurt or lost property in an auto accident to recover damages:
- By filing a personal injury claim against the at-fault driver
- By filing a third-party claim against the insurance company of the at-fault driver
- Filing a claim with their insurance company, assuming the loss is covered under the policy
A knowledgeable and skilled Virginia auto accident attorney will discuss your legal options and help you choose the most beneficial path forward.
How Can a Virginia Car Accident Victim Recover Damages if the At-Fault Driver Is Not Insured?
Motorists on Virginia’s roads and highways are required to have uninsured motorist coverage or underinsured motorist coverage. These policies are useful where an at-fault party does not have an auto insurance policy.
If your damages exceed your policy limitations or monetary threshold, a personal injury lawyer can assist you in determining whether any other parties have a financial responsibility towards you. For instance, a county or state highway authority that failed to maintain the roads can share fault for the collision.
If they do, you can request financial compensation from them. Alternatively, you can file a lawsuit against the uninsured driver to recover economic damages.
To recover damages from the responsible party or your insurance company, you must present evidence showing you are not at fault. This includes the police reports, medical records, and the report of any independent investigation.
Contact a Virginia Auto Accident Attorney Today
After a car accident, you may sustain an injury and wonder who would pay your medical expenses, fix your car and cover other costs. Thinking about this may make you tense and aggravate your physical discomfort.
It is not always easy to file an auto insurance claim after a car accident. A Virginia auto accident attorney will support and guide you through the process of a car accident claim, answer your questions, negotiate a fair settlement, or, if necessary, advocate for you in court.
Call us at Virginia Injury Law to set up a free, no-obligation legal consultation with a qualified professional. All potential clients can take advantage of our risk-free case review service to speak with one of our automobile accident specialists and acquire all the necessary answers.
Let us concentrate on the financial aspect while you focus on your physical recovery. We won’t stop until you get the just compensation you deserve for your damages. Book your free consultation today.
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