Detailed Answer
Imagine you were rear-ended on I-95 in Fairfax County, Virginia, and you sustained neck and back injuries. To ensure the at-fault party’s insurer accepts liability and compensates you, follow these steps tailored to Virginia law.
1. Report the Claim Promptly
Virginia law requires prompt notice of a motor vehicle accident. Under Va. Code § 38.2-510, you must notify the at-fault driver’s insurer “as soon as practicable.” Deliver written notice or file an electronic claim through the insurer’s portal within days of the crash to preserve your rights. Va. Code § 38.2-510
2. Gather and Preserve Evidence
Strong proof of liability and injuries boosts your position:
- Photograph vehicle damage, skid marks, traffic signals and your injuries.
- Obtain the police report—officers often note fault-indicating details.
- Secure witness names and contact details for written or recorded statements.
- Keep all medical records, bills, diagnostic images and doctor notes.
3. Send a Clear Demand Letter
Prepare a detailed demand letter that outlines:
- Date, time and location of the crash.
- Identity of the at-fault driver and insurer.
- Summary of your injuries and treatment to date.
- Itemized medical expenses and lost wages.
- Policy limits or settlement demand based on your damages.
Keep a copy and send via certified mail to create a record of delivery.
4. Comply with the Insurer’s Reasonable Requests
Once you file the claim, the insurer may ask for:
- A recorded statement under oath.
- Medical authorizations to obtain records directly from providers.
- Additional documentation of expenses or treatment plans.
Respond diligently and accurately. Delays or gaps can give insurers grounds to deny coverage.
5. Use Virginia’s Prompt Payment Law
Under Va. Code § 38.2-2236, once you submit a proof-of-loss statement, the insurer must approve or deny payment within 30 days. If the insurer fails to pay, it owes interest on the claim amount. This statute pressures insurers to evaluate liability and settle valid claims swiftly. Va. Code § 38.2-2236
6. Consider a Bad Faith Complaint
If an insurer unreasonably delays or denies liability despite clear proof, you can file a bad faith complaint under Virginia’s Unfair Claim Settlement Practices Act (Va. Code § 38.2-1236). The Virginia Bureau of Insurance can investigate and sanction unfair insurers.
Disclaimer: This is not legal advice. Consult a licensed attorney in Virginia to discuss your specific situation.
Helpful Hints
- Document every call, email or letter exchanged with the insurer.
- Use certified mail for critical documents to prove receipt.
- Attend all medical appointments and follow treatment plans closely.
- Verify the at-fault driver’s policy limits early in the process.
- Consult a personal injury attorney before signing any release or settlement.