Nothing can prepare you to deal with the consequences and aftermath of a car accident. If you suffered injuries and consequential losses in a car crash in Hillsville, you should consider all options to recover a settlement from the at-fault party. Personal injury laws are meant to protect victims, but it often happens that people don’t get a fair settlement. Your best bet is to trust a Hillsville Auto Accident Lawyer who can guide you through the process and help file a claim. In this post, we have discussed the laws in Virginia related to car accidents.
Virginia is a fault state
In no-fault states, you must file a claim with your insurer, but that’s not the case in Virginia. This is a fault state. If you have evidence that the other driver was negligent or reckless, you can file a claim with their insurer and recover a settlement. It would be a third-party claim.
The statute of limitations
Every state follows specific laws regarding civil lawsuits, known as the statute of limitations. You have two years to file a car accident lawsuit in Virginia, counting from the date of the crash. If you are suing for property or vehicle damage alone, the deadline is five years. Please note that the statute of limitations is for lawsuits and not insurance claims. You should do the latter at the earliest.
Contributory negligence in Virginia
While many states follow the comparative negligence rule, Virginia is different. The state follows the contributory negligence rule, which means you cannot sue the other party when you have a share in the fault. No matter how small, if you have a role in causing the mishap, you cannot file a lawsuit against the driver at major fault.
Get an attorney
Because the laws are unique and complex in the state, you should definitely hire an experienced auto accident lawyer. There are many law firms in Hillsville that specialize in personal injury claims, and you can easily find listings on Google. Ensure that you hire an attorney who is available and experienced enough to file a lawsuit when necessary. Lawyers don’t charge an upfront fee for such PI cases, which is a great relief and gives you the bandwidth to seek legal help. The sooner you contact an attorney, the faster they can work on the case and gather the evidence before anything is lost.