Being involved in an auto accident, even without injuries, can be stressful and confusing. While our firm specializes in injury-related auto accidents, we’re committed to ensuring every driver in Virginia has the information needed to recover fully and fairly from any auto accident.
If you’ve experienced an auto accident in Virginia that resulted only in property damage, here are clear steps to follow to protect your interests and ensure a smooth recovery process:
Steps to Take After a Property Damage Auto Accident:
Ensure Safety First
Move vehicles out of traffic, if possible, and turn on hazard lights to avoid further harm to yourself or your vehicle. Check yourself for any injuries, and seek medical assistance if necessary.
Contact The Police
Call the police immediately to document the accident. A police report is crucial in settling property damage claims, and Virginia Code § 46.2-373 requires law enforcement to file a report for any accident resulting in an injury or exceeding $1500 in property damage.
If you or someone else were injured in an auto accident, don’t forget that you are legally required to report the injury to the police! Virginia Code § 46.2-371 requires the driver of any vehicle involved in an accident that results in injury to any person to immediately give notice of the accident to a law-enforcement officer.
Exchange Information
Collect contact details, insurance information, and vehicle registration from all involved drivers.
Gather Evidence
Take clear photos of vehicle damage, license plates, and the accident scene from various angles. If possible, also photograph relevant road signs, any injuries, skid marks, and surrounding traffic conditions. Remember, the more photos, the better!
AVOID admitting fault or discussing policy limits or at the accident scene, as this could jeopardize your claim later!
Notify Your Insurance Company
Report the accident promptly to your insurance provider. Delays in reporting may complicate the claims process.
Obtain Repair Estimates
Visit reputable repair shops for detailed damage estimates to strengthen your claim. These estimates will be very important to have if you end up having to get a lawyer involved at some point to maximize the efficiency of your claim.
Maintain Records
Keep organized records of all communications, documents, receipts, and any correspondence related to your accident.
Should You See A Doctor After An Auto Accident?
You may initially feel fine after a car accident, however, symptoms can become apparent in the days, weeks, or months following an accident. Because of this, it is always good to seek medical attention as soon as possible in order to proactively manage present or future symptoms.
Non-Injury Auto Accidents in Virginia
If you’ve been involved in a car accident in Virginia with no injury, you might wonder whether you still need legal assistance. Although our law firm does not handle property damage-only cases, we understand that navigating insurance claims, repair costs, and disputes about liability can be challenging. Consulting with your insurance company and understanding your rights is crucial in these scenarios.
It is important to remember that car insurance companies take an adversarial approach to the claim process, even when the claim may seem ironclad. They may not hesitate in disputing the extent of your damage or the value of your vehicle in the event of a “total loss” from the auto accident.
Seeking legal help can assist you in achieving the best possible outcome for your property damage claim. In addition to your vehicle damage, you may want to claim sentimental or valuable items that were lost as a result of this accident. Property damage claims include items within your car, such as a computer, jewelry, antiques, etc. This can become a more complicated problem than one realizes in dealing with a property damage claim, and can quickly require legal assistance in order to ensure that the most efficient claim is being put forward.
Is Virginia An “At-Fault” State?
Since Virginia is an “at-fault” state, this means that whoever causes the accident must pay for the resulting damages. A party who is not “at-fault” in an automobile accident does not pursue compensation from their own insurance company, instead, they must seek indemnification from the “at-fault” driver of that driver’s insurance carrier. If liability is unclear, it makes sense to file the claim with your insurance carrier and for them to determine this.
How to Handle Your Property Damage Claim with Insurance
Effectively managing your property damage claim involves clear communication and patience. Be prepared to clearly document and present the details of your claim, supported by photographic evidence and multiple repair estimates. When communicating with insurance adjusters, remain polite yet firm, providing detailed documentation and asking questions about the claims process and timelines.
Always review settlement offers carefully before accepting. If you believe an offer is unfair, don’t hesitate to request a reevaluation, providing additional estimates or evidence as needed. Insurance adjusters typically begin with a lower offer, expecting negotiation.
If you encounter difficulties with the insurance company’s handling of your claim, consider contacting the Virginia Bureau of Insurance, which regulates insurance practices and can offer guidance or help resolve disputes.
Frequently Asked Questions about Property Damage Auto Accidents in Virginia:
Q: Do I have to report a property damage accident to the police in Virginia?
A: Yes. Virginia law requires reporting any auto accident resulting in property damage, particularly if damage exceeds $1,500.
Q: Can I file a property damage claim directly with the at-fault driver’s insurance?
A: Yes, you can file directly with their insurance. However, your own insurance may also assist you, especially if the other party’s insurer is delaying or disputing liability.
Q: How long do I have to file a property damage claim in Virginia?
A: You have up to five years from the date of the accident to file a claim for property damage in Virginia.
Q: What happens if the insurance company undervalues my property damage claim?
A: You have the right to negotiate or dispute their valuation. Providing multiple repair estimates or independent appraisals can help strengthen your case.
Q: Should I accept a check labeled “final payment” from the insurance company right away?
A: Be cautious. Accepting a check labeled “final payment” could limit your rights to seek additional compensation if hidden damage is discovered later. Ensure all damages have been thoroughly evaluated before accepting a final settlement.
Q: What does a “total loss” mean?
If your car exceeds a specific percentage of the vehicle value, your auto insurance company may deem the car a “total loss.” If this happens to be your case, you, or your attorney may need to negotiate with the insurance company in order to determine the actual cash value of your car at the time the accident occurred.
A good starting point for determining the value of your vehicle is to visit Kelley Blue Book. Remember though, that the listed estimate will vary depending upon how well your vehicle was maintained, and the usage of the vehicle before the accident.