Car Accident FAQs

Car Accident FAQs in Virginia

At Kendall Law Firm, our Charlottesville and Harrisonburg car accident attorney helps people like you who have been hurt in traffic accidents. Our goal is to help you recover the compensation you need to make you whole from your injuries.

Like any accident victim, you have questions about how to proceed. Below you’ll find answers to the questions we are often asked about car accidents. If you have further questions, please contact us today, and we’ll do our best to answer you.

Car Accidents

I was injured in a car accident. I have insurance, and I have the other driver’s insurance information. Why do I need a lawyer?

Even though you pay premiums, insurance companies, even your own, may not have your best interests at heart. They are in business for profit, and their main objective is to minimize the number and amount of claims they pay out. In some cases, they will attempt to deny a valid claim.

The role of an experienced car accident lawyer is to help you obtain full compensation for your losses. We’ll start with the hard questions that need to be asked of insurance companies on both sides of the accident. Did you know you may be entitled to benefits under your own policy, even when the other party is at fault? We understand how to ask for and obtain those benefits.

At Kendall Law Firm, we investigate your accident, assess the full extent of your injuries, and aggressively pursue the compensation you are entitled to receive. Our lawyer has the knowledge and experience to effectively deal with insurance companies on your behalf.

My bills are piling up, and I have been unable to work because of my injuries. What is my car accident case worth?

Each car accident case is different, and the damages you are entitled to claim will depend on the circumstances surrounding your accident and the extent of your injuries and losses. Your best course of action is to consult with a knowledgeable car accident attorney.

At Kendall Law firm, we offer a free case consultation with no strings attached. We can’t tell you how much you case is worth, at least not at the very beginning of your legal action. As we collect evidence, talk to the insurance companies, and assess the full extent of your injuries, we will get a better picture of your damage claim.

Remember, it does not cost a dime to talk to us. When you work with our firm, you pay us no fees until we win your case for you. We can advise you of what damages you may be entitled to claim. Your damages may include medical bills, lost wages, property damage, and pain and suffering.

My son was riding around with his teenage friends and the driver crashed while texting on his Smartphone. Can we hold the driver responsible for our son’s injuries?

If your son was injured as a passenger in a traffic crash caused by the negligence of the driver he was riding with, you may have a personal injury claim for compensation against that driver. Texting while driving may be considered negligence and is one of the most serious forms of distracted driving.

Owners of registered motor vehicles in Virginia are required to carry liability insurance (or have enough money to cover any losses that may result from an accident). As stated by Virginia DMV, chances are good that an insurance company, not your son’s teenage friend, will be paying for your son’s losses.

Please remember to take pictures of your accident and injuries with your smartphone. It helps to document as much as possible at the time of your accident. Those photos can be very helpful later on.

While we are taking about smartphones, also remember to be careful about what you post on your social media accounts after an accident or an injury. The insurance companies might use that information against you to hurt your claim.

Is there a time limit for filing a lawsuit for injuries from an auto accident in Virginia?

Yes. The statute of limitations (time limit imposed by law) for filing an auto accident lawsuit in Virginia is two years, as stated in the Code of Virginia. However, the sooner you consult with a knowledgeable car accident attorney after your accident, the better. Evidence to support your claim needs to be obtained and preserved, and delaying could have serious negative consequences. At Kendall Law Firm, we send an investigator to the scene of the accident and gather evidence to support your case.

I was injured when a car hit me while I was riding my bicycle on a Charlottesville street. The accident was the car driver’s fault, but I wasn’t wearing a helmet. Can I still file a lawsuit?

Yes. If the driver who hit you was at fault for the accident, you may have a claim for compensation against that driver, regardless of whether you were wearing a helmet. It is in your best interests to speak with an experienced personal injury lawyer as soon as possible.

Helmets help prevent serious head injuries in bicycle crashes, and they are highly recommended for safety. However, Virginia bicyclists over the age of 14 are not required by law to wear them. A number of jurisdictions, including the city of Charlottesville and the city of Harrisonburg, require bicyclists and their passengers 14 years of age and younger to wear helmets, as reported by the Department of Transportation (DOT).

The driver’s insurance company has offered me a settlement, but it barely covers what I’ve spent on hospital bills so far. Should I take the money and sign a release?

Do not sign anything until you consult with an experienced Virginia car accident attorney. The insurance company does not have your best interests in mind. The company representative will want to settle your claim as quickly as possible for as little as possible.

When you work with Kendall Law Firm, your attorney has the knowledge and experience to assess the full extent of your injuries and losses and stand up to the insurance company on your behalf. Our job is to help you obtain fair compensation for your injuries.

What do I do if the other driver who caused the accident does not have insurance?

Although financial responsibility is required by law in Virginia, some drivers still do not carry liability insurance. In most cases, when accidents are caused by such drivers, victims are entitled to file claims under their own uninsured motorist coverage. Our car accident attorney at Kendall Law Firm can review your policy to determine what coverage is available and negotiate with the insurance company on your behalf.

How do I get my car repaired after an accident?

If another driver was at fault for the accident, you may have your car repaired through your own insurance company, which will eventually be reimbursed by the at-fault driver’s insurance company, including any deductible your insurance company required you to pay. The insurance company will give you an estimate, and you can then take your car to the body shop of your choice for a second estimate. If the amount to repair your car determined by your chosen body shop is greater than the insurance company’s estimate, your body shop can contact your insurance company on your behalf. An experienced car accident attorney can protect your rights throughout the car repair process.


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We are here for you.

Get a free consultation today. Call us before you speak with the insurance adjuster.