Virginia Car Accident Settlement Process and Timeline

Virginia is for lovers. Its beautiful parks, beaches, and majestic mountains are ample reasons to take to the state's highways. It isn't all beauty and romance, though: Auto accidents happen. If you have been in a car crash in Virginia, you'll have questions about your rights and responsibilities.

The following article outlines the Virginia car accident settlement process and the timeline for significant events.

Do I Need to Report a Car Accident in Virginia?

When an accident results in a person's injury or death, you must immediately call the police under Virginia Code, Section 46.2-371. Unlike other states, Virginia law doesn't require you to submit a written report for serious accidents. But, Virginia Code, Section 46.2-372 allows a written report.

Instead, other authorities, including police officers, medical examiners, and even auto repair shops, may have to report evidence of accidents that they encounter. Filing a written report may still help, despite the lack of obligation, to rebut someone else's statements about the same incident.

Virginia Car Insurance Laws

Virginia requires that drivers maintain evidence of their financial ability to respond to a judgment arising from a car accident. You can meet this rule by buying an insurance policy, according to Virginia Code, Section 46.2-368. You can also apply for a certificate of self-insurance.

Those unable to get a motor vehicle liability policy can apply to the State Corporation Commission. They can have their risk assigned to an insurance carrier under Virginia Code, Section 46.2-464.

Adequate insurance coverage, as described in Virginia Code Section 46.2-472, covers at a minimum:

• $25,000 for injury or death of a single person in a single accident
• $50,000 for injury or death of two or more people in a single accident
• $20,000 for injury or destruction of property in a single accident

How Do Car Accident Settlements Work in Virginia?

Car accident settlements happen when you and the insurance company can agree on the damage the insurer is liable for.

The settlement process begins when you file a car accident claim with the insurer. This claim details your property damages, medical bills, and other compensable claims. The insurance company then investigates the claims. This involves the insurance adjuster gathering evidence, including medical expenses, witness statements, and other relevant information.

After the investigation is complete, the company may submit a settlement offer. If you feel the offer is unfair, you may submit more evidence, arguments, and a counteroffer. This often begins via a demand letter.

What Is The Average Car Accident Settlement in Virginia?

Settlement figures are virtually impossible to estimate. The details of a person's damage are highly variable. This is because they depend on many different elements. Some of the considerations involved in determining settlement amounts include:

• The extent of the property damage involved
• Your injuries and the necessary medical treatment
• Lost income arising from the accident
• Your pain and suffering

The at-fault driver's liability and insurance coverage also play a crucial role in the settlement process. Settlement negotiations aim to ensure you get fair compensation for all your damages. Working with a Virginia car accident lawyer can help you navigate the negotiation process and advocate for the best possible settlement amount.

How Long Do I Have to File a Car Accident Lawsuit in Virginia?

Legal actions are a use-it-or-lose-it proposition. Although you should seek a fair settlement before taking on the expense of a court case, you should also be aware of the time frame within which you must act.

If you fail to file a personal injury claim within two years from the accident date, you lose the opportunity to have your case heard in court. For actions about injury to property, you have five years to file a lawsuit from the date of the accident. These time limits, frequently called statutes of limitations, are in Virginia Code, Section 8.01-243.

Learn More About Virginia Car Accident Settlements: Speak to an Experienced Attorney

You don't need to puzzle through the car accident settlement process alone. A personal injury lawyer can help you communicate with insurers and follow state regulations. Many will give you a free case evaluation. Contact an experienced car accident attorney in Virginia today for legal advice and an individualized review of your car accident case.