Virginia has strict fault laws in place, making it far more challenging for car accident victims to recover compensation. If you contribute to causing an accident in any way, under the state’s contributory negligence law, you cannot receive any compensation from the other party involved. All states, but four have adopted a form of comparative negligence since this law is outdated and harsh.
What Happens if I Am Partially to Blame for a Car Accident?
Even if you were only one percent to blame for your collision, you will have to rely on your own auto insurance coverage to pay for your vehicle repairs and other accident-related losses. Therefore, another party must be found 100% responsible for your claim to be successful. If you are found partially at fault, and carry collision insurance coverage, you can file a claim under your policy, but you will have to pay the deductible. On the other hand, if you do not carry collision coverage, your only option is to pay for accident expenses out-of-pocket.
How Can I Prove Another Driver Was At Fault?
To prove another party is responsible for your car accident requires solid evidence that they were to blame. For example:
- Photos/video of the accident scene.
- Video footage of the actual crash.
- Location and extent of the damage to the vehicles.
- Eyewitness statements.
- The police report.
- Medical records establishing the types and severity of your injuries.
- Expert testimony, if necessary.
Insurance companies are for-profit businesses, which means they will likely try to come up with any way to avoid liability by placing a small percentage of the blame on you. As a result, it is in your best interests to wait to speak to the at-fault party’s insurer until you consult an attorney.
How a Virginia Car Accident Lawyer Can Help
Hiring a Virginia car accident lawyer can dramatically impact your case’s outcome. Extensive studies have shown that injury victims who hire a lawyer statistically have better odds of success and tend to receive higher settlements or awards even after paying legal fees. Although an attorney cannot guarantee a favorable outcome, with their experience, they can offer guidance throughout the claims process. They will also know what it takes to prove another party is 100 percent responsible for a car accident and have the resources to gather critical evidence and hire experts to support your claim if necessary.
How Long Do I Have to File a Car Accident Claim in Virginia?
Every state places a time limit known as the “statute of limitations” to encourage victims to file a car accident lawsuit within a reasonable length of time. In Virginia, you have two years to pursue a claim for compensation related to a car accident injury. Lawsuits over damage to a vehicle or other property must be filed within five years.
However, beginning the claims process relatively soon after a collision is typically in your best interests. Once too much time passes, evidence begins to disappear, witnesses’ memories fade, and details can be too difficult to trace.