Whether you got hurt in a car accident in Virginia Beach or elsewhere in the state, you should be thinking about filing a claim for compensation as soon as possible. However, the process for seeking compensation after a Virginia car crash can be confusing. Many Virginians know that it may be possible to file an auto insurance claim, but at the same time, many people have also heard about seeking compensation by filing a car accident lawsuit. As a result, people often ask: Should I file an auto insurance claim or a lawsuit after a Virginia Beach car crash? Generally speaking, the first step toward compensation is usually an auto insurance claim, which an experienced Virginia Beach car accident lawyer can help you file. Then, if you cannot obtain the compensation you deserve from that auto insurance claim, the next step is typically to determine who you might be able to sue in a car accident lawsuit.
The process of obtaining financial compensation after a car accident can be extremely complicated, and we want to explain in more detail.
As we mentioned above, it usually makes sense to begin the process of seeking financial compensation for a car accident by filing an auto insurance claim. Virginia uses an at-fault, or fault-based, auto insurance system. In at-fault or fault-based states, a person who is injured in a car crash can decide whether to file a first-party claim through their own insurance company or a third-party claim through the at-fault driver’s insurance company.
Each approach has its own benefits and limitations. If you file a first-party claim through your own insurance company, you will be responsible for paying your deductible up front. However, the claims process often can go more quickly than if you were to file a third-party claim, and you will not have to be as concerned about car accident insurance limits (which we will explain below). With a third-party claim, you will not be responsible for paying any deductible up front since you will file a claim with the at-fault driver’s auto insurance company. However, third-party claims frequently take more time to settle, and injured parties can risk obtaining only minimal compensation if insurance limits become an issue.
We want to say more about how insurance limits can affect your insurance claim, but first we want to emphasize that, regardless of whether you file a claim through your own insurer or the at-fault driver’s insurance company, no insurance company is on your side. An insurance company is only concerned with its own bottom line and is not an advocate for its insureds.
Under Virginia law, drivers are required to carry minimum amounts of insurance in the event of a collision. The Commonwealth of Virginia State Corporation Commission (SCC) provides a guide to auto insurance in the state. Drivers must have the minimum amounts of liability coverage:
$25,000 bodily injury for one person in a single accident;
$50,000 bodily injury for two or more people in a single accident; and
$20,000 property damage in an accident.
What do we mean by insurance limits? Imagine that a car accident involves an at-fault driver who causes injuries to four vehicle occupants in two separate cars. All four of those vehicle occupants decide to file a third-party claim through the at-fault driver’s insurance company, and each of them has medical bills from the accident totaling between $20,000 and $50,000. The at-fault driver only paid for the minimum required coverage, and thus the maximum amount the insurance will pay—to all four claimants total—is $50,000. Accordingly, each of those claimants may need to file a car accident lawsuit in order to receive full compensation for their losses.
If insurance limits prevent you from obtaining full compensation after a Virginia Beach car accident, or if the insurance company does not offer a reasonable settlement, it is often time to move onto filing a car accident lawsuit against the at-fault driver. In some cases, depending upon the particular facts of the case, more than one party may be at fault and you may be able to name more than one defendant.
If you do file a lawsuit, it is important to pay attention to the statute of limitations. In Virginia, most car accident lawsuits have a two-year statute of limitations.
Do you need assistance with your Virginia Beach car accident case? An experienced auto accident lawyer in Virginia Beach can help with your claim. Contact Barney Injury Law today to learn more about the personal injury services we provide in Virginia Beach, Chesapeake, Norfolk, and throughout the state.
Related Content:
Article Tags, click any to see related articles:
Senior Attorney Call Scott R. Barney in Virginia Beach, VA today for a free consultation about your civil case. CALL SCOTT NOW (757) 965-7200 Scott R. Barney, Esq., born and raised in Virginia, is a third generation VA attorney. He is a sole practitioner and has been practicing law in the Virginia Beach area for more than a decade.Scott R. Barney obtained his Bachelor of Science Degree in Business from the University of Maryland in 2002 and went on to Nova Southeastern University, Shepard Broad Law Center where he obtained his Juris Doctor in 2005.Scott R. Barney, Esq. has worked with law firms throughout Virginia Beach, VA and has a vast knowledge of the laws of the state for a variety of practice areas.With a primary focus on personal injury, DUI defense, cases and general civil litigation, Scott R. Barney, Esq. is proud to offer his legal services as a sole practitioner where he can give personalized attention to each client, with more responsive service to best meet your needs.As a member of the Virginia State Bar, the US District Court for the Eastern District of Virginia, and the Virginia Trial Lawyers Association, Scott R. Barney, Esq. has the credentials and experience needed to represent you in Virginia Beach, VA.When Scott isn’t practicing law, he enjoys playing golf, hunting, fly fishing, and watching the Washington Redskins!Have a question or want to find out if you have a case? Give Scott R. Barney,... View full business profile here: Scott Barney
