Are you looking to receive the full amount of compensation you deserve following a crash?
Millions of drivers in Virginia every year are forced to cope with the consequences of car accidents. From medical bills to lost wages… dealing with the financial aspects of an accident can become an overwhelming process.
The Problem
A majority of these accident victims are completely clueless as to how the process of car accident claims work. With no general knowledge of the subject, they are forced to settle for a lot less than their case may be worth.
What You Will Learn
- Why Car Accident Claims Are Necessary in Virginia
- The Essential Steps of Filing a Claim
- Factors Determining Your Settlement Amount
- Mistakes You Should Absolutely Avoid
Why Car Accident Claims Are Necessary in Virginia
Car accident claims play a vital role in the state of Virginia. In fact, the statistics back it up.
According to Virginia DMV, in 2024, there were over 129,200 car accidents in Virginia. This shows an increase of 1.5% from the previous year. Even more alarming is that these 129,200 crashes resulted in 918 deaths.
But here’s what most people don’t realize…
A majority of those accident victims who lost their loved ones never received any kind of compensation for their damages. Either they simply decided not to file a claim, or they accepted the first low-ball offer an insurance company presented to them.
That’s a very expensive mistake to make.
Working with a qualified car accident attorney in Richmond can make a major difference in how your Virginia car accident case turns out. An experienced Virginia car accident lawyer is familiar with the local laws of the area and is able to use this to get you a greater settlement.
The Essential Steps of Filing a Claim
Filing a car accident claim does not have to be a complex task. There are, however, certain steps that need to take place in a particular order for a claim to be filed.
The steps are as follows:
Step 1: Documentation is Key
Evidence collected from the scene of the accident is going to be a major component to your entire car accident claim. Photos of vehicle damage, roadway obstructions, and any visible injuries are all essential. Witness information is necessary as well.
Step 2: Get Medical Attention Immediately
Even if you or the other party in an accident sustains what seems like a minor injury, it is essential to go get it checked out by a doctor. You may not experience the symptoms of an injury immediately following an accident. Visiting a medical professional immediately following an accident creates a link between the accident and any injuries sustained.
Step 3: Report the Accident
Reporting the accident to the police as soon as possible creates a police report of the incident. This report can later be used as evidence when an insurance company comes into the picture.
Step 4: Notify Your Insurance Company
Contact your insurance company as soon as possible. The general rule is within 48 to 72 hours. When making this contact with the insurance company, only necessary information needs to be provided. The policyholder should avoid providing any recorded statements before speaking with an attorney.
Step 5: Contact an Attorney
Before accepting any settlement offer provided by an insurance company, a policyholder should contact an attorney. Insurance adjusters are trained to offer the lowest settlement possible for the given case.
Factors Determining Your Settlement Amount
Settlements can range anywhere from case to case. There’s no certain formula that can be used to determine the exact amount a certain claim may be worth.
However, there are a couple of factors that play a major role in the given settlement amount:
- Severity of Injuries
- Medical Expenses
- Lost Wages
- Property Damage
- Pain and Suffering
- Insurance Policy Limits
It’s important to note that…
According to DRIVE SMART Virginia, 80% of accidents are caused by drivers distracted by cell phones either texting or talking. If the other driver was distracted when the accident happened, it makes your case that much stronger.
Evidence is key.
Building a solid case with evidence can help you jump from a lower settlement to a much fairer compensation. Photos, witness statements, medical records, and police reports are all useful when building a case.
Mistakes You Should Absolutely Avoid
Far too often are accident victims unintentionally hurting their own claims without even realizing it. Steering clear of these mistakes will help ensure the protection of a policyholders right to compensation.
Mistake #1: Waiting Too Long to File a Claim
Virginia has a statute of limitations when it comes to personal injury claims. Waiting too long to file a claim can result in losing the right to any compensation whatsoever. Don’t let procrastination cost you thousands of dollars.
Mistake #2: Accepting the First Settlement Offer
Insurance companies are known for always making an initial offer that is a low-ball amount. These insurance companies are hoping that policyholders will accept this offer out of desperation. The initial offer the insurance company provides will rarely be the actual value of your case.
Mistake #3: Failing to Get Medical Treatment
By not seeking medical treatment right away, the injured policyholder is leaving holes in their medical records. Insurance adjusters will pick up on these holes and use them as an argument that the injuries suffered weren’t that serious or were not the result of the accident.
Mistake #4: Posting on Social Media
Social media posts can work against the policyholder and his or her case. That innocent picture of yourself out and about at a family party? The insurance company will likely claim that this means that you are not actually injured.
Mistake #5: Giving a Recorded Statement
Insurance adjusters may come across as friendly, but they are only there to find anything that could hurt a given claim. It is important to not give any recorded statement without first seeking legal counsel.
Understanding Virginia’s Fault Rules
Virginia follows a rule known as “contributory negligence.” This is something the policyholder needs to have an understanding of because this fault rule is stricter than that of other states.
Here’s how it works:
If the other party can be shown to be even 1% at fault for the accident, then the injured policyholder is unable to receive any compensation. This is why it is so important to have evidence to back up your claims as well as legal representation.
An experienced Virginia car accident lawyer knows how to battle any faults thrown in their way and can protect a policyholder’s right to compensation. A car accident lawyer is trained in the understanding of how local courtrooms interpret this rule.
When to Hire a Virginia Car Accident Lawyer
A fender bender doesn’t always require a policyholder to acquire legal assistance. However, there are certain circumstances where it becomes absolutely necessary to hire a professional.
Some of these circumstances include:
- Injuries sustained are severe or require ongoing medical treatment
- Insurance company in dispute with the fault
- Settlement offer that appears to be unreasonably low
- Multi-party involvement in the crash
- Involvement of an uninsured or underinsured driver
A skilled and experienced lawyer will be able to handle negotiations, gather evidence, and fight for your maximum compensation while you focus on recovery.
Wrapping it All Up
Claims following car accidents in Virginia are a very important process that takes time and attention to detail. With over 129,000 car accidents occurring in the state each year, it is a process that we as drivers need to understand more than ever.
Don’t forget:
- Gather everything that you can the moment an accident occurs
- Get medical attention as soon as possible
- Never accept the first settlement offer an insurance company provides
- Avoid making any rookie mistakes that can cause your claim to go south
- Consider hiring a Virginia car accident lawyer if the accident was serious in nature
The entire claims process can feel like a whirlwind once a person has been through an accident. Armed with the right knowledge and the right professional help, accident victims can ensure the compensation they are entitled to.