Is Virginia a No-Fault State for Car Accidents?

Did you suffer injuries in a Virginia car accident? You’re likely wondering who will pay for your medical bills, vehicle repairs, and other losses. Financial relief could be possible for you. If someone else caused the wreck, Virginia’s auto insurance system gives you the right to demand compensation from the responsible party(s).

Some states use a no-fault model for auto accident claims. Not Virginia. Virginia follows an “at-fault” or “fault-based” system for car accidents. This system allows crash victims to file insurance claims or personal injury lawsuits against at-fault drivers or other liable third parties after a crash.

Although fault-based car accident systems seem straightforward, seeking compensation is often challenging because you must prove the other party is responsible. Making matters more complex is the fact that the Commonwealth has some of the harshest negligence laws in the country.

At Lichtenstein Law Group PLC, our Virginia car accident lawyers fight to help the wrongfully injured obtain maximum compensation for their losses. Let us handle every aspect of your legal claim while you recover from your injuries and focus on what’s next. Contact us today for a free consultation.

Car Accident Statistics in Virginia

Recent car accident statistics from the Virginia Department of Motor Vehicles highlight the frequency and severity of motor vehicle collisions in the Old Dominion:

• On average, a car accident occurred every 4.4 minutes in a recent year.
• An estimated 161 people sustained injuries from car accidents each day.
• There were 118,498 car accidents in Virginia.
• Of those crashes, 6,749 involved alcohol.
• A staggering 24,620 Virginia car accidents were due to speeding, a 10-percent spike in just one year.
• Nearly 21,000 collisions involved distracted drivers.
• There were 968 traffic deaths, jumping 14 percent from the prior year.

 What is the Difference Between At-Fault and No-Fault Systems?

Most states use at-fault auto insurance systems for car accident claims. A dozen states have no-fault systems, and only three use “choice” systems that allow drivers to opt into either at-fault or no-fault systems. The key distinctions between the systems revolve around whether accident victims have the right to sue or file claims against third parties and who pays for accident victims’ losses.

At-fault states like Virginia allow car accident victims to seek compensation if another party’s negligence contributes to a crash. Drivers in at-fault states carry liability insurance policies, which pay for injuries and related losses when the policyholder is at fault for an accident. Insurance providers in at-fault states pay for these losses up to the policy limits. If an accident victim disagrees with a settlement offer from the insurer or their losses exceed the limits of the available policy, they can pursue compensation through a car accident lawsuit in court.

The rules are different in a no-fault state. Drivers must purchase no-fault insurance, requiring them to file initial injury claims with their own providers first. Those insurers pay no-fault claims no matter who caused the wreck. This guaranteed form of accident coverage decreases the need for accident victims to seek compensation from other parties. But it also has drawbacks, establishing limits on who is eligible to seek compensation in court.

However, accident victims in no-fault states can usually step outside the no-fault system and file personal injury claims against third parties under certain conditions. Usually, this is possible when they sustain severe crash injuries or incur accident-related expenses that exceed specific dollar thresholds.

What are the Auto Insurance Requirements in Virginia?

As an at-fault state, Virginia requires drivers to carry minimum amounts of liability insurance coverage or pay an uninsured motorist fee to drive at their own risk.

Minimum insurance requirements for policies effective Jan. 1, 2022 include:

• $30,000 per person in bodily injury liability coverage
• $60,000 per accident in bodily injury liability coverage
• $20,000 per accident in property damage liability coverage

It’s wise to purchase as much car insurance coverage as you can in Virginia, including optional uninsured and underinsured motorist coverage. There’s no guarantee that an uninsured motorist will have the resources to pay for your losses even if you take them to court, so you can protect yourself by carrying as much liability insurance coverage as possible. Contact our Roanoke car accident attorney today.

How Do You Prove Fault in a Virginia Auto Accident?

To obtain compensation in a Virginia auto accident case, you must prove the other party was at fault or negligent in a way that contributed to the crash and your injuries.

If you can show the other party violated certain traffic laws, such as by speeding or driving under the influence, you could have a negligence per se case. That means you only need to prove the violation occurred to hold the other party responsible. Otherwise, you will need to provide evidence that the other party was negligent and that their recklessness directly caused the accident that injured you. An experienced car accident attorney can investigate your case and gather the necessary proof to build a compelling claim for compensation.

What Evidence Can Prove Fault for a Car Accident?

Proving fault in a car accident is critical to your recovery of compensation. Virginia car accident laws require drivers to report crashes that cause property damage, bodily injury, or death so law enforcement can immediately start their investigation. In most collisions, the responding officer will prepare a police accident report following their initial investigation at the scene. This report typically includes the following information:

• Witness statements
• Notes concerning vehicle damage
• Whether any brake marks were on the road
• Observations about the accident scene and conditions
• Any evidence the driver was under the influence at the time of the crash

In addition to the officer’s crash report, your attorney will investigate the accident. Your lawyer will thoroughly evaluate the available information concerning the collision and your injuries by reviewing the following:

• Traffic camera surveillance footage
• Any information from the black box of the vehicles involved
• Eyewitness statements
• Your medical records and treatment plans
• Your medical bills
• Photographs

In the case of a catastrophic collision when liability is difficult to decipher, your lawyer may hire an accident reconstructionist to help determine who is at fault. An accident reconstructionist can provide their expert opinion on how the crash occurred and who was at fault based on the data they collect.

How Important Is Having a Copy of the Police Accident Report?

Obtaining a copy of the police accident report can be critical to determining liability in a collision. As such, it is very important to your case.

At the accident scene, you can expect the investigating officer to collect data to complete their report. This will include basic contact information, such as the names and addresses of the parties involved in the crash and their driver’s license and vehicle registration numbers. In addition, the police will likely ask for insurance information. The report may also contain the contact information of any witnesses. This will help you and your lawyer later contact the other driver, notify their insurance company of your claim, and interview witnesses to see if their testimony will support your claim.

A police report also contains other critical information for developing evidence to support your case, such as a diagram or drawing of the vehicles at the crash scene and road and weather conditions at the time of the accident.

The importance of getting a copy of the accident report cannot be overstated. Although you can request it yourself, rest assured that your attorney will request a copy of the report for you as they start building your case.

What Damages May I Be Owed for a Virginia Car Accident?

Your lawyer will review your case and advise you of the compensation you may be entitled to after a collision. In most cases, you can seek money for:

• Current and future medical expenses
• Lost income
• Loss of expected earning capacity for future wages
• Pain and suffering
• Mental distress
• Loss of consortium for your spouse

What Evidence Do I Need to Prove I Have Sustained Damages That Should Be Compensated?

Your attorney will assist in all aspects of your car accident case, including securing the necessary evidence to support your claims related to your injuries and financial losses. This may include collecting the following:

• Your medical bills and records to demonstrate the full extent of your injuries and the associated expenses, including any future costs
• Testimony from medical experts about how the injury has affected your long-term abilities
• Testimony from friends and family members about how your injuries have changed your life and ability to enjoy the activities you once participated in
• Tax returns that reveal your income history to show your expected income
• Payroll records as evidence of your current income

This information takes time to develop, so it is crucial to contact an experienced personal injury lawyer as soon as possible after the collision. They will start gathering all the medical records and bills from all providers that treated you. They will also contact your employer with your authorization to request the necessary payroll records and personnel information to support your wage claim. With this evidence, they will seek a Virginia car accident settlement. If the at-fault driver’s insurance company refuses to offer you the settlement you deserve, your attorney will not hesitate to file suit.

Who Can I Sue to Recover Damages If I Am Injured in a Virginia Car Accident?

Virginia is a fault state, so the injured party can sue the responsible party for their accident-related losses. In some accidents, more than one party may be at fault. For example, if you are involved in a crash with a delivery truck, the truck driver and their company may be liable. You may bring a claim against both parties. Your car accident lawyer will conduct an investigation to identify any at-fault parties and hold them all accountable.

How Can I Recover Damages If the At-Fault Driver Has No Insurance?

You can still recover money from the at-fault driver if they do not have insurance. Your attorney will advise you on whether suing the uninsured driver is best under the circumstances. They will evaluate the at-fault driver’s financial position and the possibility of success of recovering any money from them if you obtain a judgment in your favor. However, drivers who do not carry minimum insurance typically do not have the means to pay a judgment. You could be spending money to chase money from the defendant you probably will not collect.

Luckily, you still have options if the at-fault driver does not have any insurance and your attorney advises you there is little chance of getting any money from them personally. You may be able to seek the compensation you need from your insurance company. If you have uninsured motorist coverage, you should immediately contact your insurer to make a claim.

Even if you file a claim with your own insurer, it would be wise to engage a skilled attorney to ensure that you pursue the compensation you need after an accident. Your lawyer can present your case clearly to the adjuster and negotiate for a fair amount.

What Does Contributory Negligence Mean in Virginia?

Virginia’s pure contributory negligence law can drastically limit an accident victim’s ability to recover compensation for their losses. The rule says crash victims cannot obtain money for their losses if they are found even one percent at fault for an accident. No insurance company wants to make a payout, so it’s guaranteed that adjusters will search for any reason to push responsibility for the collision onto you. A knowledgeable injury lawyer can protect you from being unfairly blamed for a wreck.

What is the Deadline for Filing a Virginia Car Accident Lawsuit?

If you cannot recover fair compensation from a car accident insurance claim, you may need to take the other party to court. Virginia law gives you two years from the date of the accident to sue. The team at Lichtenstein Law Group can help you identify critical deadlines and keep your case on track from day one.

How Can a Virginia No-Fault Car Accident Lawyer Help?

When you call Lichtenstein Law Group PLC for help after a Virginia car accident, you can rest easy knowing your case is in good hands. We will work tirelessly to demand the compensation you deserve for your losses. Contact us today for a free case review.