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Filing a Car Accident Claim in Virginia

In Virginia filing a car accident claim can be a long and confusing process that involves a variety of different factors. For this reason, the following is basic information on what it takes to file an injury claim in Virginia and the main parties that are typically involved in theses cases. To learn more call and schedule a consultation with a Virginia car accident lawyer today.

How Car Accident Claims Are Filed

Claims in Virginia are typically filed by contacting the insurance company and letting them know that the accident happened and that you were hurt. The way that a Virginia car accident lawyer will do this is with the letter of representation that provides basic information with the injured person’s name, the date and time of the accident, and who the attorney says their insured by. That’s why it’s important to get that insurance information as quickly as you can at the scene of an accident. That way you can get a claim started as quickly as possible.

That doesn’t mean that you’re going to be resolving it quickly, but by at least opening the claim, you’ll make sure that if there is coverage you will be able to tap into it if you can prove liability and damages.

By contacting the insurance company and put them on notice of a claim against their insured you get the ball rolling for your eventual recovery.

Victims from Out-of-State

You do not have to be a Virginia resident to be able to file a claim in Virginia or to file a lawsuit in Virginia. Usually what gives rise to a Virginia accident claim is the location of the accident. If you’re hurt in Virginia, you can sue in Virginia. That’s the simplest way to put it. Sometimes an accident that doesn’t happen in Virginia may give rise to jurisdiction in Virginia that gets pretty complex. Additionally, if you are injured because of the negligence of a Virginia resident, the defendant can be sued in Virginia.

The Main Parties in Virginia Car Accident Cases

The main people that are going to be involved are the injured plaintiff and the defendant and their Virginia car accident attorneys in most cases. Sometimes there are multiple defendants, especially if the person who  caused the accident was driving a company car or was on the clock at the time. In that situation their employer likely has liability also, so their employer would probably be involved too.

The plaintiff(s)  and the defendant(s) are going to be involved. Usually, then there are attorneys for both sides. Usually there will not be a defense attorney involved until a lawsuit is filed, if and until a lawsuit is filed. Up until that point, the defendant’s insurance company is going to be representing their interests and there will be one or more claims adjusters for the insurance company.

A defense attorney gets involved when a lawsuit is filed. But those are the basic players: the plaintiff, the plaintiff’s attorney, the defendant or defendants depending on a situation, and their insurance companies. If there’s a lawsuit, defense attorneys will come into the case also.