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Auto Accidents: Know Your Rights and Legal Options For Injury Claims

Auto Accidents: Know Your Rights and Legal Options For Injury Claims

Auto accidents can turn your life upside down in an instant. At Burnett & Williams, we’re committed to guiding you through the aftermath and helping you understand your rights and legal options in Winchester, Virginia. This article will explore the essentials of handling auto accident claims, from understanding Virginia’s fault-based insurance system to ensuring you receive the compensation you deserve. 

Understanding Virginia’s Fault-Based Insurance System 

In Virginia, if you’re involved in an auto accident, the person at fault is responsible for compensating you. Compensation is generally pursued through the at-fault individual’s insurance policy. Your own uninsured (UM) or underinsured motorist (UIM) coverage covers you in the event the person at fault has no insurance (UM) or does not have enough insurance to cover your damages (UIM). 

Types of Insurance Coverage in Virginia 

Liability Coverage 

As the name suggests, this coverage pays damages to injured persons when the accident is your fault. The insurance carrier is required to do two things for you: hire a lawyer to represent you, if necessary, and pay up to the policy limit either in settlement or as a result of a verdict at trial. Because you are personally responsible for paying any judgment above your liability coverage limits, you should buy coverage with high enough limits to cover claims arising from a severe accident. 

Uninsured (UM) / Underinsured Motorist (UIM) Coverage 

This coverage is mandatory in Virginia, and every insurance company is required by law to offer it to you in amounts equal to your liability coverage. It covers you in the event the person at fault has no insurance (uninsured motorist coverage) or does not have enough insurance to cover your damages (underinsured motorist coverage). 

Medical Expense Payments Coverage 

This optional coverage, often called “med pay,” covers the usual and customary costs of accident-related medical treatment, regardless of fault, and regardless of health or other insurance coverage that might pay such bills resulting from an auto accident for a period of up to three years after the accident. Like UM/UIM coverage, medical expense payments coverage comes from your own policy, even if the other driver was at fault. 

Legal Steps After an Auto Accident 

If you suffer injuries in an auto accident, Virginia law, with limited exceptions, allows two years from the date of the accident to file a personal injury lawsuit. It’s crucial to consult with an attorney quickly to ensure that you gather necessary evidence and file within the statutory deadline. 

Evaluating Your Claim 

The value of your auto accident claim in Winchester can vary based on: 

  • The severity and long-term impact of your injuries. 
  • Accumulated medical costs and potential future medical expenses. 
  • Lost wages if your injuries prevent you from working. 

Non-economic damages like pain and suffering and loss of enjoyment of life are also compensable under Virginia law. 

Why Choose Burnett & Williams? 

At Burnett & Williams, we specialize in personal injury claims related to auto accidents. Our team provides empathetic, thorough, and skilled representation, ensuring that all aspects of your injury and its impacts are considered in your claim. We strive to secure the compensation you need to cover all associated costs, from medical bills to lost income. 

If you or someone you know has been involved in an auto accident in Winchester, don’t hesitate to reach out. We offer a free consultation to discuss your case and explain how we can help you navigate this challenging time. Contact us today at 800-969-1650 or visit our website at burnettwilliams.com to learn more about your rights and how we can assist you in achieving the justice and compensation you deserve.