In a multi-car accident in Virginia, the insurance of the driver or drivers whose negligence caused the crash generally pays for the resulting damages.
Determining who is responsible for a multi-car crash can be difficult. If you were involved in this type of accident, a Fairfax car accident lawyer from BenGlassLaw can investigate the accident, identify who is at fault, and help you recover compensation.
Whose Insurance Pays in a Multi-Car Accident in Virginia?
After a multi-car accident in Virginia, the at-fault driver or drivers’ liability insurance generally pays for injuries and property damage caused by their negligence. If more than one driver acts negligently or recklessly, fault can be split among multiple insurance policies based on each driver’s percentage of responsibility.
If fault is delayed or disputed, you can use your own collision or MedPay coverage to fix your car or pay your medical bills right away. Your insurer may later subrogate (seek repayment) from the at-fault driver’s insurance.
A car accident attorney from BenGlassLaw can help identify all potential sources of compensation in your case.
For a free legal consultation call (703) 591-9829
What If More Than One Driver Was At Fault?
If more than one driver shares responsibility for your accident, each driver’s insurance company pays for the injuries and other damages they caused.
Virginia is one of the few remaining states that enforces a pure contributory negligence rule. This means that if you share even 1% of the blame for a car accident, you are completely barred from recovering financial compensation.
Insurance adjusters may exploit this rule and claim that you share blame for the accident. A personal injury lawyer from BenGlassLaw can gather evidence to refute these allegations and protect your right to seek damages.
What If the At-Fault Driver Doesn’t Have Enough Insurance?
If the at-fault driver’s insurance does not cover all of your damages, you may be able to seek additional compensation through your own uninsured or underinsured motorist coverage. The amount you are able to recover will depend on the at-fault driver’s policy limits, the value of your damages, your own policy limits, and whether other policies are available.
If a third party like a vehicle manufacturer or government entity responsible for road maintenance shares liability for the crash, you may be able to pursue additional compensation by bringing a personal injury lawsuit against them.
A personal injury attorney from BenGlassLaw can review your case and break down your options.
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What If the At-Fault Driver Is Uninsured?
If the at-fault driver does not have auto insurance, your uninsured motorist coverage may help pay for injuries and other losses they caused. In addition, if a second at-fault driver carries valid liability insurance, you can file a claim against their policy.
Lastly, if a third party such as a vehicle manufacturer, negligent mechanic, or government entity shares fault for the multi-car pileup, you may have grounds for a personal injury lawsuit.
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What Damages Does Insurance Cover After a Multi-Car Crash?
Depending on the circumstances of your accident and available coverage, insurance may pay for:
- Medical expenses: You may receive compensation for emergency treatment, hospitalization, surgery, medication, rehabilitation, and other accident-related medical care.
- Lost income: You may be able to recoup wages you could not earn because of your injuries.
- Reduced earning capacity: Additional compensation may be available if an injury affects your ability to earn income in the future.
- Pain and suffering: You can seek damages for physical pain and emotional distress caused by the accident.
- Property damage: Insurance may cover repairs or the value of a vehicle that is considered a total loss.
The car accident lawyers at BenGlassLaw can analyze available insurance policies and determine which losses they cover.
How Is Fault Determined in a Multi-Car Accident?
Insurance companies typically investigate a multi-car collision before determining whose policy should pay. Adjusters may examine:
- Police reports: Officers may document the location of the vehicles, statements from drivers and witnesses, traffic violations, and other observations.
- Vehicle damage: Damage patterns can help establish the direction and sequence of impacts.
- Witness statements: People who saw the collision may provide information about speeding, following distance, lane changes, or other behavior from drivers.
- Traffic and surveillance cameras: Available video can sometimes show what happened immediately before the crash.
- Photos and videos: Images from the accident scene can help establish vehicle positions, road conditions, and visible damage.
- Vehicle data: Certain vehicles may contain electronic information that can provide evidence about speed, braking, or other important details.
- Driver statements: What motorists who were involved say about the accident can sometimes be relevant
How Long Do You Have to File a Car Accident Lawsuit in Virginia?
According to Virginia Code § 8.01-243, you generally have two years from the date of a car accident in Virginia to file a personal injury lawsuit. Property damage claims generally have a five-year limitations period. However, in certain circumstances, such as if a minor is injured or the defendant leaves the state, a different deadline may apply.
If you don’t file your lawsuit before the applicable statute of limitations expires, you will lose the right to pursue damages, which is why you should contact BenGlassLaw immediately after a crash.
Speak to a Car Accident Lawyer
Car accident cases involving three or more vehicles can be complex. If you were injured in a multi-vehicle collision, a car accident attorney from BenGlassLaw can gather evidence to prove who is at fault and help you obtain compensation for your losses.
Book a free case evaluation to discuss your accident with an attorney.
Call (703) 591-9829 or complete a Free Case Evaluation form