Virginia law establishes a two-year statute of limitations for car accident claims. A statute of limitations sets the injured victim's deadline for filing their lawsuit. If you don't file your application within this time, you won't be able to file a lawsuit later. In general, the statute of limitations for car accidents in the State of Virginia is two years from the date of injury.
The statute of limitations for car accident cases in Virginia is two years. This means that you must work with an attorney to file your case within this time frame, but it doesn't need to be resolved by the end of this time. Each state sets a time limit known as the “statute of limitations” for injury cases. In Virginia, you have two (years) from the day of the car accident to file a lawsuit.
The same 2-year limit applies to cases of wrongful death. Unlike “common car accidents,” commercial truck accidents often involve multiple parties with complex corporate structures and insurance policies. Since most car accident claims in Virginia involve insurance companies, you should understand the difference between filing an injury claim with the at-fault party's insurance company and filing a lawsuit in court and the processes involved to know what to expect. Any insurance company, whether yours or that of the other driver, will require you to file a claim or, at least, to notify the insurer of an incident that could cause a claim immediately or within a reasonable time after the accident.
A number of states follow some type of no-fault car insurance system, meaning that after a car accident, drivers file injury claims with their own auto insurance companies, regardless of who caused the accident. Not only is the contributory negligence rule binding on Virginia judges and juries (if your car accident case goes to court), but it will also serve as a guide to the auto insurance claims adjuster when evaluating your case. A car accident lawyer is an expert at negotiating a fair settlement and managing the lawsuits of a car accident case. The laws and requirements surrounding car accident injury claims are complex, and insurance companies will take every opportunity to deny your claim and avoid paying.
Your lawyer will then file a claim with your insurance companies and the insurer will likely have a deadline to file a claim, which could be as little as 30 days from the date of the accident. Knowing and complying with the requirements of Virginia's car accident statute of limitations is one of the many things a Virginia car accident lawyer can help you with. Even if you're sure that your case will be resolved through the car insurance claim process, you'll want to have plenty of time to file a lawsuit if you need it, if not for a reason other than having more influence during the settlement talks. Speaking of car insurance, Virginia vehicle owners must have liability auto insurance or pay an uninsured motor vehicle fee.
After a car accident in Virginia, you need to learn about the insurance of the at-fault driver and any other party that is responsible for causing the accident.