COMMON MISCONCEPTIONS ABOUT CAR ACCIDENT CLAIMS
March 18, 2022
Virginia's personal injury laws allow victims of negligent car accidents to pursue fair financial compensation for their injuries by filing injury claims. However, with numerous misinformation and collective popular notions out there about the state's car accident claims process, getting experienced guidance is crucial to maximize your damages and avoid making irrevocable mistakes. A skilled Virginia personal injury attorney can walk you through the car accident claims process and help clarify the misconceptions.
At Blaszkow Legal, PLLC, we're dedicated to offering knowledgeable legal guidance and vigorous representation to clients in their car accident cases. Our trusted attorneys can evaluate and investigate every aspect of your unique circumstances and explore your available legal options to seek damages. Using our extensive experience, our team will fight compassionately to protect your best interests and help pursue the maximum possible compensation. Blaszkow Legal, PLLC proudly serves clients across Alexandria, Manassas, Arlington, Woodbridge, and Fairfax, Virginia.
Common Car Accident Myths
and Misconceptions in Virginia
When filing your injury claims after an auto accident, knowing what to expect and being able to differentiate fact from fiction can make the entire process relatively easy and hassle-free. Here are some common misconceptions about car accident claims in Virginia and a brief explanation about why they're not true.
Misconception #1: I feel okay,
so I don't need to seek medical attention.
Seeking immediate medical treatment after a motor vehicle accident is important. Even if you feel fine or think you only sustained minor injuries, you should still get adequate medical treatment from a qualified doctor for the following reasons:
For your overall health and well-being
To determine the magnitude of your physical injuries
To ensure your safety
To detect any hidden injuries that are not yet fully manifesting
For proper documentation when filing your car accident claims
To comply with insurance requirements in your state
To avoid possible issues with the insurance provider
Misconception #2: If the accident is minor,
it's not necessary to report it.
Each state has its own accident reporting requirements. Under Virginia law, a person involved in a car accident must report it to law enforcement within 24 hours if the crash involved:
A death, or
Property damage worth at least $1,500.
Also, some insurers require accident victims and policyholders to file their insurance claims within two days in order to seek damages.
Misconception #3: My own insurance will be
responsible for covering medical costs and damages to my car.
This is not necessarily true. Virginia is an at-fault car accident state. According to the system, the driver responsible for the car accident (at-fault party) will be held financially liable for injuries, property damages, and other accident-related costs suffered by the accident victims. In order to recover damages, you must prove negligence by showing the following elements:
Duty – The at-fault party owed you a legal duty of care.
Breach – The at-fault party breached their expected duty.
Causation – The negligent or reckless actions of the at-fault party caused the accident.
Damages/Harm – You suffered actual harm, bodily injuries, or monetary losses from the accident.
Misconception #4: I was partially at fault for the accident,
but that won't affect the damages I'm able to recover.
This is another common misconception. Virginia follows the "pure contributory negligence" rule. Under the system, accident victims may only be allowed to seek damages if the other party was 100% responsible for the accident or injury.
According to Virginia's pure contributory negligence rule, you will be barred completely from pursuing compensation even if you were only 1% responsible for the accident or injury.
Misconception #5: I don't need to hire an
attorney to file a personal injury claim.
Hiring skilled legal counsel when filing your personal injury claim is crucial. Your lawyer will help file your insurance claims, gather and submit the necessary documentation, and guide you through every phase involved in the injury claims process from start to finish.
Additionally, your attorney can handle all negotiations and communications with the insurance provider on your behalf. Your lawyer can help negotiate a fair financial settlement or take additional legal action where required. By working with a well-informed personal injury attorney, you can improve your chances of a successful claim and maximize the amount of compensation that you may recover.
How a Knowledgeable Attorney Can Help You
Getting hurt in a negligent auto accident can be an overwhelming experience. Such an incident can affect your financial, mental, and physical health. Even if you are eligible to seek damages, the false information out there can make the injury claims process more stressful. Therefore, it is important to retain a knowledgeable personal injury attorney for proper guidance and to help file your injury claims.
At Blaszkow Legal, PLLC, we have the skills, diligence, and resources to support, guide, and represent auto accidents victims and their families in their injury claims. Using our comprehensive understanding of the rules and statutes addressing liability in motor vehicle accident cases, our reliable team can help guide you through the often-complex claims process. We will fight vigorously for your legal rights and help you pursue the financial justice you're entitled to.
Contact Blaszkow Legal, PLLC today to schedule a simple case assessment with experienced car accident attorneys. Our skilled lawyers can offer you the highly-personalized legal counsel, support, and reliable representation you need in your personal injury claims. We're proud to represent auto accident victims across Alexandria, Manassas, Arlington, Woodbridge, and Fairfax, Virginia.