How Car Accident Compensation Works in Virginia

Virginia follows a fault system, meaning the driver responsible for your crash is responsible for your injury and therefore must cover your damages. You can choose to file a car accident claim through the at-fault driver’s insurance company or file a lawsuit.

Virginia is somewhat unusual in that car insurance is not strictly required. Motorists in Virginia are allowed to pay a fee to be a legal uninsured driver. However, most drivers choose to purchase insurance instead of paying the fee. All insurance policies sold in the state must contain the following types of coverage:

• Bodily Injury (BI) liability. Covers $30,000 per person and $60,000 per accident.
• Property damage (PD) liability. Covers $20,000 per accident.

Optional types of car insurance coverage in Virginia include:

• Uninsured/underinsured motorist coverage (UM/UIM). This covers your damages if you are hit by a driver who doesn’t have insurance, or doesn’t have enough to pay for the full cost. In Virginia, the insurance company is required to offer this coverage, although you are allowed to opt out if you don’t want it.
• Collision. Covers vehicle damage in the case of a car crash, regardless of fault.
• Comprehensive. Covers vehicle damage in non-collision incidents like theft, vandalism, and natural disaster.
• Medical payments. Covers medical bills for you and your passengers, regardless of fault.

With different types of required and optional coverages, insurance is an important aspect of your car accident injury claim. Insurance policies can be confusing, but a lawyer can help you understand and learn how much coverage is available to compensate you for your injuries.

In Virginia, you have the right to file a car accident lawsuit to seek compensation for your injuries. Depending on the specifics of your case, there is a statute of limitations that comes into play. A statute of limitations is a law that sets a legal deadline for you to file.

If you are filing to be compensated for your car accident injuries, you have two years to file, starting on the date of the accident. For a lawsuit filed for vehicle or other property damage, you have five years to file, also starting on the date of the car crash.

In the case of a fatal car accident, the deadline for the family of the victim to file a wrongful death lawsuit is two years. Unlike injury and vehicle damage claims, the deadline for a wrongful death claim starts on the date of the death, rather than the date of the accident.

This may seem like a long time, but you should still talk to an attorney as soon as possible. First, different deadlines can apply in certain circumstances. And second, to file a successful lawsuit, you need evidence, and your attorney should start investigating right away to secure that evidence before it disappears.

Different factors will affect the value of your claim. When calculating an estimated worth, a car accident attorney will consider the severity of your injuries and their effects, and the amount of insurance coverage available to you.

You can be compensated for both economic and non-economic damages. Economic damages can be linked to a specific dollar amount. Some common examples of economic damages include:

• Medical expenses: all past, present, and future medical care for your injuries, including hospital bills, doctor’s appointments, medication, medical procedures, surgery, and physical therapy.
• Lost wages: income you lost if you were unable to work due to your injuries.

Non-economic damages have no objectively measurable value, but are still real losses that deserve compensation. Common examples of non-economic damages include:

• Pain and suffering: Physical and emotional pain and suffering. Both future and present are considered.
• Loss of enjoyment of life: The impact your injury has goes far beyond physical pain. You may become unable to enjoy your hobbies, interests, and life in general.

Technically, you’re allowed to go after the other driver’s assets if they don’t have insurance or don’t have enough. In practice, however, this is often impractical. Drivers who don’t have insurance may also not have an assets to take.

If you have uninsured and underinsured motorist protection on your policy – remember, in Virginia, the insurance company is required to offer this to you – then that coverage will stand in for the other driver’s insurance. Depending on the circumstances, there may be other sources of compensation as well. An experienced attorney can help you navigate this situation.