Can You Be Sued in Virginia if You Have Automobile Insurance?

By

Brian Glass

|

Partner & Personal Injury Attorney

In Virginia, you are technically suing the at-fault driver but their insurance company will protect them.Car insurance will protect you in the event you cause a car accident. If you are sued by another driver, your car insurance will represent you in court and pay for any damages up to the amount of insurance you purchased. However, in Virginia you technically sue the individual even if they have car insurance.

Your insurance policy will protect you from personal liability up the amount of insurance that you purchased before you have to pay anything outโ€‘ofโ€‘pocket. If you have $100,000 in liability insurance and you cause another person an injury worth $50,000, your insurance policy will cover the entirety of the claim. However, if you have the same $100,000 policy and cause an injury worth $150,000, you will be liable for the $50,000.00 over your insurance limits.

Under Virginia law, when someone makes a claim against your insurance policy they will negotiate with the insurance company to try to come to a fair agreement. However, if they are unable to reach an agreement, the injured party will then be required to take the matter to court. By Virginia law, they will have to sue you to tap into your insurance policy. That means that you will be a named defendant even though you have car insurance.

There are two important things to think about. First, to protect your future, it’s imperative that you purchase as much insurance as possible. Did you know that a $1,000,000 policy is only a couple hundred bucks more a year? It’s way more financially savvy to purchase a $1,000,000 liability policy, because you only have to pay a nominal amount to afford you a substantial amount of protection.

My first recommendation is to up your limits both liability and underinsured to $1,000,000.

Second, you should communicate with your insurance company if you have caused an accident. If the insurance company denies the claim against you, or undervalues that claim, you will ultimately become a named defendant in the lawsuit.

Even in scenarios where you don’t believe the person injured was injured as badly as they claim, having your insurance company pay will help you avoid being sued and going to court. Therefore, if an insurance claim is paid out, though it may not be fun, it may very well be in your best interest.

If your insurance carrier is being ridiculous in their denial of the injured party’s claim, you should speak up. Remember, the insurance carrier does not have your best interest in mind. Their goal is to maximize profit by paying out as little on any claim as possible. If you believe that the injured party should be paid, you should let your insurance company know.

Injured in an Auto Accident?Contact BenGlassLaw, Virginia Personal Injury Lawyers.

The BenGlassLaw process is designed to make this as easy as possible for you and your loved ones so that you can focus on recovery.ย For every single personal injury case that our team takes on, we have three promises that we areย alwaysย focused on:

  1. We find all the pots of insurance money that might be available to you and pull as much money as possible out of those pots.
  2. Help you keep as much of that money as possible.
  3. Make this process as simple and easy for you as we can.

We are great at finding insurance money. Our lawyers do a thorough examination of available insurance coverage by looking at: the driver, the owner of the car, family members, employers, your auto policy, and your health insurance.ย We leave no stone unturned to find every dollar that we can.

Some health insurance plans are entitled to reimbursement at the end of injury cases. Some health insurance plans say that they are, even when they arenโ€™t!ย We help you keep as much of your money as we can.โ€ฏIf you do not have health insurance, we can often negotiate discounts with your medical providers.

The auto insurance industry wants this process to be complicated. They want it to be difficult for you to understand who should pay, when they should pay, and how much they should pay. Our team of lawyers simplifies this whole process for you.ย After you hire us, we stop the insurance company from calling you and your only job is to get medical care and tell us where you got it.โ€ฏWe take care ofโ€ฏeverythingโ€ฏelse.

Last but not least, most people think that they must pay an attorney upfront to engage their services. Thatโ€™s not the case with BenGlassLaw.ย We donโ€™t get paid unless we get money for you.

Client Testimonials

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Hello my name is Kenny I was a tragic auto accident this accident will change me for life. I would like to share my experience with Ben glass law From the moment that I made a phone cal…

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My parents were involved in an accident where they were rear-ended on the highway. We wanted to ensure that they are properly compensated for their injuries and damages. We decided to g…

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Amazing! I was involved in a hit and run accident. Luckily I got a picture of their license plate and Ben Glass Law handled the rest for me! My team was Lisa and Tammy and they were fan…

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It was a pleasure speaking to Krista Morgan at Ben Glass Law firm yesterday as she provided guidance and recommendations on how to proceed with my wife’s case. Thank you Krista.

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Highly Recommended! โœจ BenGlassLaw exceeded all my expectations! Autumn and Melissa were absolutely amazingโ€”so patient with all my questions and incredibly helpful every step of the way…

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Case Results

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$4.24 Million

Auto Accidents

Fairfax Circuit Court jury awards $4,240,000 in damages to woman critically injured in auto accident by drunk driver. Largest DUI punitive damages award in Virginia.

$1 Million

Auto Accidents

One Million Dollar settlement with an auto insurance company after a drunk driver caused a crash in Oakton, Virginia. This case involved a thoracic fusion.

$950,000

Personal Injury

Our 42 year old client was on a delivery to a factory in the western part of the state when a 500 pound garage door broke and fell on him, hitting him on the shoulder.

$866,000

Auto Accidents

The jury reached the verdict in favor of a 56 auto mechanic and business owner, whose hip โ€œwas so badly broken that his orthopedic surgeon was not able to fit all of the pieces back together when it was first repaired

$550,000

Auto Accidents

16 year-old licensed for several weeks runs stop sign at high speed, causing passenger to be ejected from car.

$515,000

Auto Accidents

Mourner injured in funeral procession recovers from funeral home which tried to control highway traffic with a small sign. The case was settled before trial.

$500,000

Auto Accidents

Our client was rear-ended by a tractor-trailer while sitting on the Beltway in stopped traffic. The insurance company settled one week before trial.

$460,000

Auto Accidents

Man injured by distracted driver with minimal insurance on I-66. Our client who was on the job at the time of the accident had a large amount of Underinsured Motorist coverage.

$450,000

Auto Accidents

Fairfax jury award for attorney who suffered a traumatic brain injury after a car accident.

$390,000

Personal Injury

This BenGlassLaw client was a woman who had her leg severely fractured when a roll of carpet fell on her while she was shopping in a carpet store. She had to have two surgeries to repair the leg and it took her many months to recover.

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BenGlassLaw fights for the money you deserve after being injured in an accident.

At BenGlassLaw, our team of personal injury attorneys and specialists are passionate about fighting for you so that you can get back to living your life. We have the experience to understand your journey, along with aโ€ฏbest-in-class teamโ€ฏto support you throughout the entire settlement process. What makes our team unique?

  • Find the Money. We are great at finding insurance money. Our lawyers do a thorough examination of available insurance coverage by finding every dollar available to you. We leave no stone unturned to maximize your financial recovery.
  • Keep the Money. Weโ€™ll negotiate unpaid medical costs and liens so by the end of your personal injury case, you can hold onto as much of your money as possible.
  • Ongoing Support. The insurance industry wants this process to be complicated. They want it to be difficult for you to understand who should pay, when, and how much. After you hire us, we stop the insurance company from calling you so that your only job is to get medical care, tell us where you got it, and heal.โ€ฏOur team will take care ofโ€ฏeverythingโ€ฏelse.
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