Steps for Obtaining Compensation in a Manassas Auto Accident Claim

Motor vehicle accidents in Northern Virginia can be devastating, leaving injury victims with substantial medical bills and disabilities that make it impossible to return to work. Crashes can occur whether you are on your regular commute on I-66 into Washington, D.C., or in a parking lot at a retail establishment in Manassas. While many high-speed collisions result in life-threatening injuries, even low-speed collisions on a neighborhood street or in a parking lot can have serious consequences. It is extremely important for anyone who has been injured in a crash to hire a Manassas auto accident lawyer to begin the process of seeking financial compensation.

Yet there are many steps you will need to take to ensure that you remain eligible for financial compensation in a Virginia car accident claim. Indeed, a simple mistake can cost you significantly. The following are steps you will need to take in order to obtain compensation for your injuries.

Document the Scene of the Accident and Gather Contact Information

The first step in a car accident case in or around Manassas is to document the scene of the collision and to gather as much information as possible to be used in your claim. If you are physically able to do so, you should use your smartphone to take a variety of photographs at the scene of the wreck. Be sure to document the scene from multiple vantage points and distances—your car accident lawyer may need this information when working with an accident reconstruction expert on your case later on.

You should also gather as much information as possible from other people at the scene of the crash or those involved in the accident, including names, contact information, and insurance details (for anyone involved in the collision). If the police are called to the scene, you should also make sure you know how to obtain a police report.

Report the Accident to Your Own Insurance Company, But Limit the Conversation

You will need to report the accident to your own insurance company, but when you do so, you should limit the conversation to the basic, objective facts. Provide the insurer with information about when and where the collision took place, but be careful to avoid mentioning anything about fault, or making any statements that could be construed as your own admission of fault. Your insurance company will try to use anything it can to avoid paying out a claim.

Under Virginia’s contributory negligence law, if your lawyer wants to negotiate with the negligent driver for a reasonable settlement offer or your case goes to court, statements about fault can be used against you to prevent you from recovering any damages. Virginia follows what is known as a “pure” contributory fault system, which means that even in situations where a defendant can prove that the plaintiff is only 1 percent at fault, that plaintiff is barred entirely from recovery.

Seek Medical Attention

It is extremely important to seek medical attention. Even if it does not appear that you have suffered a serious injury, you should know that it can take hours, days, and sometimes even more before signs of internal injuries, for example, may show up. As we explained above, Virginia’s contributory negligence will result in a car accident victim being denied any compensation in a lawsuit if that plaintiff is even 1 percent at fault for the accident or the severity of her injuries.

If you wait too long to see a doctor and your injuries worsen, the defendant can use that information to argue that she or he should not have to pay any compensation under Virginia’s contributory negligence law.

Begin the Auto Insurance Claims Process with a Manassas Car Accident Lawyer’s Help

Most Manassas car accident cases begin with an auto insurance claim. Virginia’s auto insurance laws allow an injury victim to decide whether to file a first-party claim with her own insurance company or a third-party claim with the negligent driver’s insurance company. There are pros and cons to both options, and you should discuss them with your lawyer.

Once you file an insurance claim, your lawyer will work tirelessly to negotiate a fair settlement in your case.

File a Car Accident Lawsuit in Virginia

If you cannot get a fair or reasonable insurance settlement, it may be time to file a Virginia car accident lawsuit. There are a variety of reasons that insurance settlements might be insufficient. Often, insurance coverage limits will prevent an accident victim from obtaining the compensation she deserves.

When you do need to file a lawsuit, you will need to file before the statute of limitations runs out on your claim. Under Virginia law (Code of Va. § 8.01-243), the statute of limitations in most car accident lawsuits is two year. What is a two-year statute of limitations? It means you must initiate your lawsuit by filing a claim within two years from the date that the accident occurred. If you miss this deadline, Virginia law will bar you from filing a lawsuit no matter how compelling your case might be.

Contact a Manassas, VA Car Accident Lawyer for Help With Your Claim

Nobody expects to get hurt in a car crash, yet motor vehicle collisions can happen unexpectedly in Manassas. If you or someone you love sustained serious or life-threatening injuries in a Virginia auto accident, it is essential to have an aggressive car accident attorney in Manassas, VA on your side. As we explained above, even a seemingly innocent mistake of admitting some type of fault in a car crash can result in an injury victim being barred from recovery entirely. Do not hesitate to get in touch with one of the car accident attorneys at our firm. Contact Leary Law today to get started on your case.