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Car Accident FAQs

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Is Virginia a No-Fault State for Car Accidents?

Is Virginia a no-fault state for car accidents? The answer is no. Virginia is an at-fault insurance state, meaning you can sue the person responsible for your accident to collect damages. Proving fault is especially important because Virginia also has strict contributory negligence rules, meaning you could lose the right to recover if you were partially at fault. Cooper Hurley Injury Lawyers will protect your rights after a crash in Hampton Roads.

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Who Can I Sue After a Car Accident in Virginia?

In Virginia, a lawsuit is always brought against the at-fault driver and not against the insurance company directly. This rule is different than some other states which under certain circumstances allow you to name the insurance company for the at-fault driver as a party defendant. If you are hurt in a Virginia car wreck the insurance details will not be obvious in a case.

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Settlement process

How Does the Car Accident Settlement Process Work in Virginia?

The Virginia Beach car accident settlement process can be confusing. Further, if you do not have the necessary experience, it is easy to be taken advantage of. Therefore, it is important to work with an experienced attorney when considering whether to settle a case. A skilled attorney from Cooper Hurley Injury Lawyers can help you reach a resolution to your case that is fair to you.

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Steps to take after car accident

What to Do After a Virginia Beach Car Accident?

There are few things in life quite as unsettling as a car accident. In a matter of seconds, your life can be changed by a serious injury. Even if you don’t seem to be seriously hurt at the scene of an accident, a minor injury can become a major injury if it is overlooked, and in many significant conditions – such as brain injury or spinal injury – symptoms may not appear until later. Our Virginia Beach car accident team at Cooper Hurley Injury Lawyers has helped clients like you throughout Virginia and beyond to get the compensation you deserve. With all of this in mind, it is important to take a few key steps to protect your rights and your health in the immediate aftermath of an auto accident.

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Rear-end car accident

What Is Uninsured/Underinsured Motorist Coverage in Virginia?

Carrying auto insurance surprisingly is not required in the state of Virginia. Many drivers choose to drive without insurance. Others choose minimal insurance coverage, making it increasingly difficult for victims to collect full compensation when they are injured in a car accident. At Cooper Hurley Injury Lawyers, our Virginia car accident lawyers fight for your recovery if you’ve been injured by an uninsured or underinsured driver.

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vehicle intersections

What Are the Right-Of-Way Laws in Virginia?

All vehicles must follow Virginia’s right-of-way rules to safely cross intersections. Right-of-way helps you decide who goes first at an intersection. Right-of-way rules, together with courtesy and common sense, help to promote traffic safety.

Vehicles often come into conflict with other vehicles and pedestrians because their intended courses of travel intersect, and thus interfere with each other’s routes. The general principle that establishes who has the right to go first is called “right of way.”

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Police lights

What Happens If You Leave the Scene of an Accident in Virginia?

Getting into a motor vehicle accident is always stressful and confusing. To add fuel to the fire, sometimes drivers do not stay at the scene of the accident. As a personal injury attorney in Hampton Roads, I have seen many accident scenes made more complicated by the fleeing of the at-fault party. Leaving the scene of an accident in Virginia is not only reprehensible – it’s a crime.

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Will My Insurance Go Up If I Use the Uninsured Motorist Claim in Virginia?

This is one of the most common questions I have heard in nearly three decades in personal injury work. The answer is that the insurance companies do not and will not increase your family’s automobile insurance rates if you make a claim like underinsured motorist, uninsured motorist or Medpay, all of which are based not on your fault but on somebody else’s fault. The whole purpose of UM, UIM and Medpay coverage is that your insurance company has already been paid to cover some things which may occur that injure you or your family members or the occupants of your vehicle. These coverages are not based upon anything that you did wrong behind the wheel but rather something that was done to you by some other at‑fault person. Because of this an uninsured motorist claim against a hit and run driver or an underinsured motorist claim where you get the benefit your higher limits if you’re hurt seriously by somebody with.

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Car value claim after accident

What Are Diminished Value Claims in Virginia?

Most people know that if someone negligently damages your car, truck, or motorcycle, the insurance company for the at-fault driver is required to repair it, or pay you fair market value if it is a total loss.

Even if the insurance company agrees to repair your vehicle, you still have a problem. Your vehicle has now been in a wreck and is worth less because of it. It is unlikely you will be able to sell your vehicle following the accident, even if repaired, for the same amount as immediately prior to the accident. This is where a diminished value claim under Virginia law comes in handy.

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