In Virginia, a car accident can stay on your record for at least three years. However, several factors can affect the time frame. If you’ve been in a car accident and someone else’s negligence was the cause, a Fairfax car accident lawyer can help.
How Long Can a Car Accident Stay on Your Record?
Under Virginia law, the Department of Motor Vehicles (DMV) must retain a copy of the crash report for at least 36 months following the accident. However, it’s important to note that your insurance company may keep the accident on record for a longer period of time.
How Long Does a Car Accident Stay on the Record for Your Insurance?
Insurance companies will typically keep car accidents on your record for three to five years. The length of time is often determined by the severity of the accident, the cause of the accident, and whether you were at fault.
Will Insurance Rates Still Be Raised If You Were Not At Fault?
Technically, no. Under Virginia law, companies are prohibited from raising insurance rates if the policyholder was not at fault. However, in practice, this can be difficult to maintain. If the other driver claims you were at fault or you accepted some blame when talking to an insurance adjuster, it can affect your insurance rates.
If you were not at fault, a Fairfax personal injury lawyer can help you prove another party’s liability for the accident.
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Proving Who Was At Fault for a Car Accident
Proving fault in car accidents is essential to recovering compensation for your losses and to retaining your insurance rates. To do so, your lawyer will need to show that someone else’s negligence directly led to the accident and to your losses.
Examples of negligence include:
- Drunk driving.
- Distracted driving.
- Speeding.
- Reckless or aggressive driving, such as cutting another driver off.
- Failing to yield or running red lights.
What Evidence Can Help Prove Fault in a Car Accident?
Your lawyer will investigate and gather evidence to support your claim. This evidence could include:
- Phone records, if distracted driving was involved.
- Blood alcohol content test results.
- Field sobriety test results.
- Police reports.
- Eyewitness accounts.
- Video footage.
- Black box or event recorder data, if a commercial vehicle was involved.
- Physical evidence, such as debris patterns or skid marks.
- Accident reconstruction.
What Compensation Can Be Recovered When a Car Accident Isn’t Your Fault?
In addition to keeping insurance rates down, if your accident was due to someone else’s negligence, then you may be able to recover compensation for your losses. This compensation accounts for the costs you’ve suffered due to injuries.
You may be able to recover compensation for:
Economic Losses
These are losses tied directly to receipts, bills, or expected expenses. They can include:
- Medical expenses: Hospital stays, surgeries, doctor appointments, medications, diagnostic testing, physical therapy, and future expected medical care.
- Job losses: Lost wages, loss of job benefits, and diminished earning capacity.
- Property damage: The repair or replacement of your vehicle.
- Other expenses: Home or vehicle modifications, mobility devices, transportation to and from medical appointments, and in-home services.
Non-Economic Losses
These are losses that aren’t usually provable through a receipt or bill. They can include:
- Physical pain and suffering.
- Emotional distress.
- Loss of quality of life.
- Loss of enjoyment of life.
- Scarring or disfiguration.
- Loss of a limb or permanent disability.
- Loss of consortium.
Your Fairfax car accident lawyer will fight for fair compensation that accounts for all of your losses. They may consult with medical experts and financial planners to show the full scope of what the accident has cost you.
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Is There a Deadline to Recovering Compensation After a Car Accident?
Yes, under the statute of limitations in Virginia Code § 8.01-243, you generally have two years to pursue a personal injury lawsuit. However, this timeline can be shortened or extended in certain situations.
Your attorney can talk you through the expected timeline for your case. They will also ensure timely filing so that no deadlines are missed.
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How Can a Car Accident Lawyer Help You?
If you’ve been hurt in an accident, a lawyer can help you recover fair compensation and ensure that blame is not unfairly assigned to you.
Your lawyer can:
- Investigate to determine all liable parties involved.
- File all necessary paperwork.
- Handle all communication with insurance adjusters.
- Negotiate for fair compensation.
- Represent you in court, if necessary.
- Appeal any denied insurance claims.
Your lawyer also serves as your support for the legal process itself by answering your questions and keeping you updated.
What Should You Do After a Car Accident?
If you’ve been in an accident, a few key steps can help protect your legal right to compensation. You should:
- Get medical attention as soon as possible. Your medical records are a vital piece of evidence for your claim.
- Call the police to report the accident. Responding officers will create a crash report, which can be helpful for proving that another party was at fault.
- If safe to do so, take photographs of the accident scene and of your visible injuries. This is time-stamped evidence for your claim.
- Contact a personal injury lawyer. As soon as you hire a lawyer, they can get started on your case.
- Avoid talking to insurance adjusters. Instead, direct them to contact your attorney.
- Follow all medical guidance from your doctor. Do not stop or delay medical treatment.
Contact a Car Accident Attorney in Fairfax
If you’re wondering, “How long does a car accident stay on your record?” it may be because you’re worried about the long-term effects of a crash. If someone else’s negligence led to a car crash, our legal team can help. At BenGlassLaw, we put our clients first.
We’re not afraid to take on big insurance companies and fight for the maximum compensation you deserve. Contact us today to get started with a free consultation. You pay nothing upfront, and only pay our fees if we recover compensation for you.
Call (703) 591-9829 or complete a Free Case Evaluation form