Filing a Virginia Car Accident Claim

Filing a Virginia car accident claim is a multi-step process. The process is commonly known as filing a demand with the at-fault party’s insurance company. The first step is writing the theory of the case, the area of damages, and requesting a number to settle the case.

Filing a claim generally means filing an action or a complaint in the court of a competent jurisdiction to initiate the claim. This may be done in the local general district court or the local circuit court depending on the amount requested in damages.

There are certain advantages and disadvantages to each court and a person may want to discuss how it may apply to their case with an experienced car accident attorney.

Virginia Insurance Lawsuits

The process for filing a Virginia car accident claim, car insurance companies sue in the name of the defendant. An individual’s personal assets are not what the person suing is concerned with when filing a claim. A person should be more concerned with the insurance company, filing in the name of their customer, and the action is brought against them.

The purpose of car insurance is getting coverage if someone is involved in an accident. It is also going to be in the individual’s name, not the insurance company’s name. It is a common misconception that if a person files against an individual that they are assumed to take their house and go into their personal bank account, which is not always the case. Generally, that person’s insurance exists to cover them in the event that they are liable for an accident case.

Virginia requires individuals to have automobile insurance at a minimum level or pay into an uninsured fund for this very reason. It is also the reason why individuals carry their own uninsured or underinsured coverage so that if they are injured, they will have their own coverage to go after.

Types of Virginia Claim Courts

There are generally two different courts where someone can initiate filing a Virginia car accident claim for damages. The local general district court or the local circuit court. Every county in Virginia has both a circuit court and a general district court.

In the circuit court, the court has a general jurisdiction meaning that it has a jurisdiction over a wide variety of cases. The general district court is a court of a specific jurisdiction. It has jurisdictions in car accident cases only for those cases in which the damages are requested are $25,000 or less.

Role of Outside Negotiation

Filing a Virginia car accident claim does not terminate the settlement negotiation process. In many cases, there may be an additional party to negotiate with and that the at-fault’s party lawyers may get involved.

In many cases, the negotiations may continue with the adjusters. This varies on a case by case basis and it involves understanding exactly how it may affect a person’s case.

Client Involvement

The client is very involved in filing a Virginia car accident claim from the beginning. They would be communicating with their attorney, telling them what happened, and how it has affected their life.

The actual claim, interaction, and filing process in Virginia are parts of the typical attorney process, that is handled without the client. They are going to convert their client’s statements into legal language. Before they file, they will review the statement with their client to make sure that it is factually accurate and there is no miscommunication.

By the time the claim is filed, the attorney and the client will have been working for quite a long time regarding what to expect in the facts and that the attorney has got a good idea of the case.