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Yes, you can sue the other driver.  However, you need to understand that it can take a long time to resolve your case, so you should also look at your own insurance policy.  You may have coverage for some of your medical bills that are quickly adding up.  That will at least cover part of your medical treatment, while you are pursuing your injury claim against the other driver.

It would be a good idea to talk with a board certified Virginia personal injury attorney who will be able to review your case.  An experienced lawyer will evaluate the facts in your accident and provide you with straightforward recommendations. 

For tips on how to hire a Virginia personal injury lawyer, order a copy of my book: The Truth About Lawyer Advertising.

Ben Glass
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Ben Glass is a nationally recognized car accident and ERISA disability attorney in Fairfax, VA.