505 South Independence Boulevard, Suite 103, Virginia Beach, Virginia 23452

757-289-2499 757-289-2499

Motor vehicle accidents

Most common type of the Personal Injury case involves traffic accidents which includes cars, trucks, motorcycles, buses, bikes, or pedestrians. According to the most recent statistics, 144 people on average get injured in auto accidents every day in the Commonwealth of Virginia.

  • If you got hurt in an accident that was not your fault, you can recover your property damages, medical expenses, pain and suffering, lost wages and other applicable losses. Make sure to discuss with your attorney all of the damages/losses/inconveniences you experienced as a result of the accident to ensure you get compensated for everything you are entitled to.
  • Under certain limited circumstances you might also be entitled to punitive damages which go beyond compensating you for your losses and are meant to punish the defendant for particularly outrageous conduct. Virginia courts generally disfavor punitive damages but authorize them is some cases, like driving intoxicated at the time of the accident.
  • Even if you got hit by the unknown driver or the driver with no insurance or insufficient insurance, you are still entitled to a compensation for all your damages by your own insurance, under Underinsured/Uninsured (UM/UIM) provision. The most common concern is whether your insurance rate would go up. The answer is no, your insurance company cannot and will not raise your rate for the accident that was not your fault! If you want to know more about how UM/UIM coverage works, read our blog post here: https://www.ernestlawgroup.net/blog/what-are-the-insurance-policy-limits/
  • The common defense that insurance company will use in auto accident cases is contributory negligence. Virginia is one of only four states that still use the harsh ‘contributory negligence’ doctrine. Simply put, it means that if “a person was injured in part due to his/her own negligence” then they are “not entitled to collect any damages.” (Black Law Dictionary). For instance, if the investigation determines that the accident was mainly defendant’s fault but you still contributed to it even slightly (not paying enough attention, for example), you would be denied the opportunity to recover compensation from the at-fault driver.
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