Claim Filing Process for Virginia Car Accidents  

Filing a claim may refer to making a demand for resolution of the case with the insurance company. Typically, filing a claim involves filing a formal notice of demand with the insurance provider that their insured has caused an accident and as a result, injuries have occurred. These typical demand packages would include a summary of the case, as well as specific medical bills and records that are offered for their consideration. The claim filing process for Virginia car accidents can be difficult. With the help of a trusted attorney, the process can be smoother.

That is one way a case can be initiated. However, in order to properly preserve the statute of limitations, a qualified Virginia car accident attorney must file a legal action which is different than filing an insurance claim with the court of appropriate jurisdiction. This can be brought in a number of different ways depending on the type of case.

Process of Filing Virginia Car Accident Claim

An attorney writes demands that will include a summary of the action, as well as what relief the person is requesting, what damages the person is requesting, how much money the person is requesting in the insurance company, and both the summary of evidence and supporting documentation of why the attorney believes that is appropriate. That will be packaged together and sent off to the insurance adjuster, and depending on the case and their procedural posture of the case, that may be copied to the opposing attorney.

Factors Included in Car Accident Claim

A car accident claim in Virginia is not filed in court, rather, a claim is filed with the insurance company. In order to file a viable claim, an attorney is going to make sure that certain information is referenced so that the insurance adjuster can cross-index the person. This will include the person’s full legal name, and the responsible party, the insurance claim number, the date of the accident, approximate location, as well as the summary of all information that the attorney has in their possession.

This may include a narrative from the attorney, a summary of the medical bills and treatment and how it has affected their client’s life, a copy of the accident report once available and a copy of relevant medical bills and records.

Steps Before Filing Action

Typically, an attorney is going to want to meet with the individual and discuss the case and their options on for filing a claim for a Virginia car accident. Before they file a demand with the insurance company, they are going to discuss how the accident has affected the person’s life and what they think is a reasonable demand for the case. They will also discuss what demand amounts to make and why they are making the demand in this regard.

Before filing a legal action, which is different from a claim, the legal action referring to a civil complaint in the Circuit Court or the General District Court of the competent jurisdiction, they will want to discuss specific facts of the case. The complaint needs to be more detailed than a demand package and the complaint is going to include certain things like the “who’s, what’s, when, where and whys?,” as well as the mechanics, why the injured party feels they are entitled to damages, and how the other party was in violation of the law and thus accountable to the injured party.

Individual’s Involvement in Process

The individual is very involved in the claim filing process in Virginia. They will speak with their attorney on a regular basis to discuss how the accident has affected them and how they have started to recover from the accident. They are also going to discuss the tests and treatment, plans for the future, and what they think a reasonable outcome of the case should be. A person is going to review the demand package before it goes out, make sure it is factually correct and make sure that their expectations are aligned with the attorney’s expectations of the case.

Case Settlement

If the case settles, then the case against that party is dismissed. If the case moves forward either through the discovery process, mediation, arbitration, or even at trial, the case remains – the injured party is the plaintiff and the at-fault party or parties are the defendant.