Virginia car accident lawyers

1. Notify your insurance company about the wreck, so you can obtain a rental car and medical payments insurance coverage if they are part of your policy.
2. Notify the at-fault driver’s insurance company right away too. Sometimes at-fault drivers do not notify their insurance companies about a wreck right away, and that failure can affect your ability to recover from the at-fault driver’s insurance coverage.
3. Attend all of your doctor’s appointments and therapy sessions, and keep all your receipts.
4. Make sure to find out where your vehicle has been towed, so that investigators can examine your vehicle and preserve important evidence.
5. Keep a diary of your recovery, and photograph and/or record your injuries. Remember, it’s always better to have too much information than not enough.

Here are five important steps to remember:

1. Exchange driver information including full name, address, telephone number, and insurance provider. (Ask to see the driver’s license and insurance card to help ensure you are getting accurate information.)
2. Note the other car’s make and model, license plate number, and state.
3. Write down the name, address, and telephone number of any witnesses.
4. Take pictures of the wreck scene, surrounding area, and damages to both cars.
5. Go to the hospital to get checked out. The adrenaline rush and shock of a wreck can mask injuries, sometimes for days.

Yes, it’s okay to settle your property claim before our firm resolves your claim for personal injuries. The key is to examine all the paperwork regarding your property claim to make sure that the check you are receiving and the documents you are signing are related only to your property claim and not your personal injury claim in any way.

If the cost to repair your car exceeds the "Kelley Blue Book" value, the insurance company will declare your car a total loss and pay you the adjusted "Blue Book" value. If the cost to repair is less than the "Blue Book" value, and your car can be repaired in a reasonable time period, the insurance company should pay for the repairs.

Yes, you should negotiate with the property claim adjuster if you believe the insurance company is not offering you the fair retail value of your car. If your vehicle is determined to be a total loss, you should check the NADA value (www.NADA.com) to determine, at the month and year that your damage occurred, the retail value of your vehicle with its mileage, options and accessories. Virginia law provides that the NADA is an accepted source of a car’s retail value for purposes of a property claim.

A second source to check the retail value of your vehicle is www.Edmunds.com, which is another site that allows you to enter the appropriate data to assess value. Note that the insurance company must pay the retail value, not the trade-in or wholesale value. They sometimes use a service called CCI, which is an acceptable appraisal service. Ask for the valuation report from the adjuster before you accept the payment.

Remember that post-purchase upgrades such as expensive rims, sound systems, and premium tires should be included in the retail value of your car. Receipts for purchases and installation invoices for these items should be provided to the insurance company so that you can recoup the full value of these additions to your vehicle.

After discussing the offer made by the insurance company, and giving you our opinion about the value of your case, we will offer our recommendation about filing a lawsuit against the other driver. If we believe the insurance company is not offering a settlement amount that is a fair value of your case, we will recommend filing a lawsuit.

However, we will only file a lawsuit with your permission after you have had a full opportunity to discuss this decision with us and ask questions about the process. Keep in mind that if we don’t file a lawsuit, you will likely have to accept the insurance company’s offer.

The advantages of filing a lawsuit are that the insurance company must take your case seriously because of the risks posed by a lawsuit. They risk that a jury could award you a higher sum of money than they are currently offering. They must hire and pay a lawyer to defend the driver they insure. They must pay litigation costs and spend more time and effort to deal with your case.

The net result is that it puts pressure on the insurance company to raise their offer to avoid the risks and costs of drawn-out litigation and perhaps a trial before a jury.

If we file in the General District Court and your case goes to trial, you will be questioned, or “cross-examined,” by the other lawyer. We will thoroughly prepare you for this process, so don’t worry.

If we file a lawsuit in the Circuit Court, you will be questioned in a deposition and at trial. In a deposition, the other lawyer, prior to trial, questions you in the presence of a court reporter, who transcribes your answers or “testimony.” The questions will be wide-ranging: about your background, the facts of the accident, and your medical history and treatment. We prepare you for the deposition and are present to help you.

If your case goes to trial – and most cases don’t – you will be questioned again by the other driver’s lawyer. We meet with you prior to your deposition and trial to thoroughly prepare you for this process.

Probably not. Due to the shock of a wreck, sometimes you may not realize you are hurt until a few days after the event. Often minor pain does not seem like a big deal. However, when that pain is still bothering you two months later, you may realize that the collision was much more serious.

You do not have to accept what is being offered up-front. It is better to wait to make sure you are completely healed before you accept any money from an insurance company. If you have questions or concerns, call a Virginia car accident lawyer at GibsonSingleton Virginia Injury Attorneys today at (804) 413-6777 or toll-free (855) 781-6777 for a free consultation.