What Happens After a Car Accident That is Your Fault in VA?
What happens after a car accident that is your fault in VA depends on the situation. In the immediate aftermath, you should exchange key information with the other party, contact your insurance company, and file a police report to document what occurred.
After this, you will need to seek legal advice if there are substantial injuries and losses. Because Virginia is an at-fault state, the driver who causes the injuries and losses is responsible for the damages suffered by others. Speak with a Richmond car accident lawyer today.
Immediate Actions After the Accident
Right after the car accident you caused in Virginia, you can expect to remain at the scene, call 911, and report the accident to the police. Even if you feel there is no damage and no one is injured, having the police arrive is best. It allows for complete documentation of the incident, minimizing disputes later.
Exchange information with the other party, including driver’s license information and insurance data. Get their name and contact information. It is also a good idea to minimize what you say to the other driver and the police officer, offering just details about what you experienced and saw.
Take photos of the accident location and all damage to your vehicle and other structures, vehicles, or people. Make sure to take photos of any injuries you have. This data helps a Richmond personal injury lawyer document the actual losses others suffer and may help you dispute claims of unfair liability.
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Documentation Could Prove Shared Negligence
In some situations, this evidence may show that the other driver played a role in the accident, and that can work in your favor. In Virginia, the law states that if a person is found to be even 1% at fault, they cannot seek compensation for their losses from you. This falls under Virginia Code § 8.01-58, and if you can prove fault like this, you may minimize the risk of having to pay for the other party’s injuries.
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Determination of Financial Liability
After the car accident you caused in Virginia, get medical care and contact your insurance company to report what happened. Most of the time, your insurance company will handle the investigation into the accident and may provide you with instructions on steps to take.
If you are found solely at fault for the losses, your auto liability coverage will pay for the damages the other party suffered, up to the maximum coverage you have. At a minimum, Virginia drivers are required to maintain a liability insurance policy that provides $30,000 in bodily injury or death coverage for a single person, $60,000 in the event of two or more people suffering injury, and $20,000 in property damage coverage.
In situations where this is not enough to cover the other party’s losses, they may seek legal action to pursue additional losses. This may include filing a civil suit against you for the additional costs. Having an attorney may help minimize these risks to you.
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A Police Investigation and Citation
In most situations, police should arrive at the scene of the accident to collect evidence, obtain witness statements, and assist in clearing the scene. What you say and do at the scene will play an important role in the outcome of your case. Remember to be thorough and honest, but do not offer any information that makes you look bad.
The police will investigate the case further in the days after the accident if deemed necessary. In some situations, you may be issued a citation for your role in the accident. If you engaged in reckless driving, such as speeding, or were found to be intoxicated, you may face serious fines and points on your license.
You may want to speak to an attorney about your rights to fight charges against you. If not, you are likely to pay a fine for any tickets you receive. In some situations, you could face implications for your driving privileges if you have too many points.
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Insurance Notification and Steps
Most of the time, you have a responsibility to alert your insurance company about the car accident you caused in Virginia. Do this right away if there is damage to another person, as you will want the insurance company to step in to manage the situation and minimize the claim against you. Even if the other party has not yet stated that they will file a claim, alerting your insurance company may help minimize complications later.
You will need to provide information to the insurance company about what happened and any points added to your license. Your insurance company is obligated to provide coverage for you to cover the victims you caused injuries to. Most of the time, these points remain on your license for three to five years, depending on the number of points you have.
If you have injuries or property damage, you may be able to file a claim for those losses depending on the type of insurance you have. Drivers with collision insurance, for example, may file a claim with their insurer to cover their losses. If your passengers suffered injuries in an accident you caused, they may also file a claim for compensation through your insurance coverage, depending on the type of claim you have.
Lawsuits Can Happen for Some Time
Keep in mind that the victims of a car accident in which you cause damage have to file a lawsuit within the state’s statute of limitations. That is two years from the date of the accident, in most cases, for their personal injury claims. They also have five years from the date of the accident for property damage claims. If they fail to act within that timeframe, they cannot pursue compensation against you.
Seek the Guidance of an Attorney Before Facing Legal Consequences
What happens after a car accident that is your fault in VA depends on many factors, including whether you obtain legal representation to help you show that you should not have to pay for another person’s losses.
At The Pendleton Law Team, we work with you to seek justice.
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