When you are involved in a car accident in Virginia, take action right away to get medical care, file a police report, and alert the insurance companies to the potential claim. There is no legal limit to when you must report a car accident to insurance companies, though many will have limitations within their policies. At MartinWren, P.C., we encourage you to alert your insurance company as soon as possible and to learn about your rights and the rules for filing a claim with the help of our Charlottesville car accident lawyer.
When to File a Car Accident Injury Claim in Virginia
Insurance carriers put small print rules about how long a policyholder has to file a claim after an accident occurs, which means that if you fail to report your accident within that time frame, their coverage may be limited. Keep in mind that Virginia law does not require you to act immediately, but in many cases, that is not a good idea. Here are a few key things you need to consider.
- Report the incident to all potential insurance companies. You certainly want to make sure your insurance company is aware that a crash occurred. But you also want to make sure the at-fault’s insurance company is notified that a crash occurred. It may be the case that many different insurance companies are involved, and it is important that all are notified of the crash.
- Know if you need to file a police report. In just about every situation it is vital to have a police report, especially where the damage to the vehicles is significant or someone is hurt or killed in an accident. Doing so enables a comprehensive investigation to occur to document evidence in your case. So make sure you call the police if you have been in a crash.
- Contact your attorney soon after a crash. You do not pay anything upfront to your car accident attorney, but you immediately gain insight into your rights and limitations, and that helps you protect your case right away.
It is critical to be honest with the insurance company, but do not feel as if you have to provide every detail, nor do you have to answer all of their questions. During that initial consultation, simply report the very basic facts that an incident occurred and make sure they have your name and contact information. Let your car accident attorney handle other questions about the crash for you instead, and read through our FAQs to learn more about how we handle car accident cases.
For a legal consultation with a personal injury lawyer, call 434-817-3100
Statute of Limitations in Virginia After a Car Accident
In Virginia, if you are in a car accident, you generally have two years from the date of the incident to file a claim against the at-fault parties in a court of law under Virginia’s statute of limitations. There are also notice periods that may apply that will require you to provide a specific type of notice within a certain amount of time after the crash.
Satisfying notice periods and statutes of limitations is not the same as reporting the accident to the insurance company. Insurance companies expect and are usually entitled to receive information about a crash far sooner.
Filing a Claim is Different than Providing Notice of a Crash
After you provide notice of a crash, you will eventually want to file a claim for the damages you sustained in the crash. Consider the following before you file a claim:
- You have time to determine what all of your losses and injuries are, including any long-term consequences you have.
- Much of the time, you will not need to file a lawsuit since the insurance company will likely cover your losses if you can prove the other party was at fault. This will not be the case for certain major injuries.
- If you are approaching that two-year mark and the insurance company is still not working with you, your attorney may advise filing a lawsuit in a court of law. This can spur the insurance company to start working on your case.
When you are hurt and cannot be treated fairly by the insurance company, it is your right to seek out legal guidance and support from an attorney. Let our car accident attorneys in Virginia go to work on your case for you, providing you with clarity on your rights to compensation. Do not wait to give us a call to protect your case going forward.
Do Not Delay Contacting an Attorney After a Car Accident
After a car accident, knowing what to do can make a big difference in your case and recovery of damages. We encourage you to get medical care, follow through with all recommended care, notify your car insurance company, file a police report, and then contact our car accident attorney. Not only does this put in place a process to minimize your risk of losses, but it also helps us to get working on determining the value of your case.
- Document fault with accuracy: By working on your case right away, more evidence may be available to document who is at fault. That could prove who owes compensation to you.
- Gather all evidence in your case: Evidence becomes harder to find the longer you wait, and that can lead to financial losses for you quickly. Let us get to work on your case fast.
- Negotiate with insurance companies: You do not have to accept the insurance settlement they offer you, especially if you have damages above that figure you can prove.
- File a lawsuit: In situations where the insurance company refuses to act in a fair and just manner, it may become necessary to file a lawsuit against them to force the discovery process. Many times, they settle after this process.
- Go to trial: With the help of our legal team, we will pursue legal actions in a court of law in situations where the insurance company is delaying, denying your coverage, or failing to pay the full amount for your claim.
Car accident losses can be thousands and even millions of dollars, and often, it is money you need to be able to pay your medical bills and other expenses after the mistakes of another person. Yet, there are limitations on when the insurance company has to respond, and you have the right to seek compensation. Let us make sure you are not taken advantage of anymore, and review our track record by reading our verdicts & settlements section.
Contact Our Car Accident Attorney in Virginia for the Guidance You Need
Turn to MartinWren, P.C. now to get the legal guidance and support you need after a car accident in Virginia. We will make sure the insurance company knows what your losses are and help you file a comprehensive claim. With a free consultation, we can also give you insight into what legal options you have for acting now, even if it has been some time since your accident.
Call 434-817-3100 or complete a Case Evaluation form
