After a car accident you likely have plenty of questions. If you have suffered injuries and damage to your vehicle and believe the accident was the other driver’s fault, it is important to understand Virginia’s fault-based system and how it can affect a car accident claim.
No-fault insurance systems
Many states have a no-fault insurance system. This means that every driver is required to carry personal injury protection on their auto insurance policy. When an accident occurs, you are generally responsible for seeking compensation from your own insurance company, regardless of who was at fault for the accident.
The purpose of a no-fault system is to ensure that you receive compensation for your medical bills and vehicle damage without the need for litigation to determine who was at fault.
Virginia’s fault-based system
However, Virginia is not a no-fault state. Under Virginia’s fault-based system, if you believe another driver caused your accident, you can file a claim with their insurance company or file a personal injury lawsuit against them to seek compensation for your damages.
You will only receive compensation by proving the other driver was at fault. Many times, the other driver will defend themself by filing a claim against your insurance company and claim you were at fault for the accident.
Virginia’s law requires drivers to have a certain amount of liability insurance to cover damages if they cause an accident. Personal injury protection insurance is not required because Virginia is a fault-based state.
Proving negligence
Proving the other driver was at fault for the accident requires establishing negligence. This means showing the other driver failed to exercise reasonable care in the situation and that failure caused your accident.
You must also prove your damages. For example, if you request $100,000 for medical bills, you must have documentation showing you spent $100,000 on medical costs.
Establishing negligence is extremely important because Virginia follows a pure contributory negligence rule. If you are found to be even slightly responsible for the accident, you cannot recover any compensation at all. You must prove the other driver was entirely at fault.
This is a harsh law compared to many other states which follow a comparative negligence rule, apportioning damages according to each driver’s percentage of fault. Because you risk not receiving any compensation, putting on a strong defense to a claim that the accident was in any way your fault is required.
Types of recoverable damages
There are several types of damages you can recover if you are injured in a car accident in Virginia. In addition to medical expenses, you could collect for lost wages and property damage. You can also potentially recover compensation for pain and suffering to cover the emotional distress and mental anguish you suffer because of the accident.
In cases involving especially egregious behavior, such as extreme negligence or a clear intent to hurt you, punitive damages might be available. The point of punitive damages is to punish the at fault driver and deter other drivers from behaving the same way in the future.