Best Car Accident Lawyers in Winchester

FAQs

• What is the non-emergency contact number for the local police station in Winchester, Virginia?

  Contact the Winchester Police for non-emergencies through (540) 662-4131.

• Where can I get a copy of police reports for incidents related to my case in Winchester, Virginia?

  To get a copy of accident reports, go to www.crashdocs.org. or visit the police station at the Timbrook Public Safety Center located at 231 E.Piccadilly St., Suite 310. Contact (540) 662-4131 for more information.

• Should you hire a lawyer after getting into a car accident in Winchester if you have insurance and the other driver's information?

  It depends. If you have significant injuries from an accident caused by another driver, it is in your best interest to consult with a lawyer and not deal with the other driver's insurance company on your own. If you were in a minor fender-bender accident in Winchester with no injuries, you may be able to handle the property damage claim on your own without hiring a lawyer.

• What are the types of brain injuries a driver might suffer from after a car accident in Winchester?

  Brain injuries that may result from a car accident in Winchester may be classified as penetrating or closed injuries. A penetrating injury happens when an object from the accident cracks the skull and damages the tissue. In a closed injury, the skull is intact but the brain tissue is injured because of violent shaking such as in whiplash injuries or when blood flow to the brain is cut off.

• After signing an insurance company's release form, is it still possible for the victim of a car accident in Winchester to can cancel it?

  Yes. VA laws allow you to cancel a release form signed within 30 days of a car accident in Winchester that caused injuries. The following conditions should be met: You have sent a written notice to the insurer within three days after you signed the form; You were not represented by a lawyer when you signed the form; You will return any settlement amount you have received from the insurance company.

• What are some of the problematic intersections in Winchester that frequently have car accidents?

  VA Route 37 and Amherst's exit is one of the problematic intersections that has many car accidents due to the high traffic volume entering downtown Winchester. The intersection of Pleasant Valley Road and Millwood Avenue is another one owing to its angled design that makes some motorists unnoticeable quickly. Lastly, the I-81 and Berryville Pike Exit intersection is also a frequent site of rear-end crashes when drivers change speed near this area.

• Can an at-fault driver file a personal injury claim for a car accident in Winchester?

  No. Under VA insurance liability laws, an at-fault driver cannot file a personal injury claim from his own insurance company for the car accident in Winchester. The at-fault driver, however, can file a claim for medical expenses using MedPay coverage. If the at-fault driver is being sued, under VA's pure contributory negligence rule, the said driver cannot be responsible for compensation if the party filing the lawsuit is found to be even 1% at fault.

• How do I choose a car accident lawyer?

  To select a car accident lawyer, consider the lawyer's experience, focus, and reputation. While nearly any attorney can negotiate with insurers for a settlement, not all attorneys have amassed experience litigating a claim in a court of law. Choose an attorney with a background that includes car accident claimants; it's helpful if the attorney is focused on personal injury law. Lastly, read reviews from previous clients to get a feel for the attorney's helpfulness and responsiveness to clients. The best lawyer for your case is one that you feel comfortable and confident working with.

• What steps should I take after a car accident?

  Immediately following a car accident, get out of traffic as soon as possible and dial 9-1-1. Exchange car insurance information with any other involved drivers and get a police report as soon as possible. Be truthful about what happened, even if you are at fault, but stick to reporting the facts of the accident without offering an opinion on who is to blame. If possible, take photos of your car, other cars at the scene, and the scene itself.

• (When) Do I need a lawyer after a car accident?

  Start working with a car accident lawyer as soon as possible following your car accident (some attorneys even make hospital visits). By reaching out for legal help early on, you avoid some of the pitfalls of trying to handle your claim on your own. Your attorney can also get the ball rolling on reimbursement for your medical bills and lost wages while awaiting the outcome of your claim.

• How long after a car accident can you claim an injury?

  The length of time you can file a claim for an injury following a car accident is governed by the statute of limitations in your state. Although it varies, most states set the statute of limitations for injured parties to seek compensatory damages at three years following the accident or three years after you discover your injuries. In cases where children are injured, the statute of limitations may be longer.

• What do I do after a car accident that I'm not responsible for?

  After an accident that's not your fault, seek immediate medical help if you are injured. Once it's safe to do so, obtain the other driver's contact and insurance information, any statements from witnesses, and photos of the scene. Obtain a police report and contact your insurer and the at-fault party's insurer. If you are injured, schedule a consultation with a car accident attorney to discuss your legal options.

• What happens if someone sues you after a car accident?

  If you have car insurance in force at the time of the accident, your insurance is contractually bound to represent you on any claims that arise, indemnifying you against loss up to the limits of your policy. You can help your insurance company by cooperating fully. If the plaintiff in any lawsuit obtains a judgment above your policy limits, then you can be held personally responsible for any damages awarded.

• What/how much can I expect from a car accident settlement?

  According to the Insurance Information Institute, the average bodily injury claim in 2018 was $15,785. The amount of any particular car accident settlement hinges primarily on the severity of the injuries sustained as a result and whether or not any partial or total permanent disability was caused by the accident. Claims that involve broken bones or nerve damage likely settle for more than claims where soft tissue injuries are present.

• How do I arrange a rental car after an accident?

  To arrange a rental car after an accident, first consider whether your insurance or the other party's insurance will be paying for the rental. If another driver is found to be at-fault for the accident, that driver's insurance may pay the costs. If you are responsible, your insurance may pay if your policy covers such expenses. Speak with your insurance adjuster to determine if you have benefits available.

• How long does it take for car insurance to go back down after an accident?

  Post-accident rate spikes can last anywhere from three to five years, depending on your insurer. However, if damages incurred during the accident are less than $2,000, your rate may not go up at all. Three years is typical for collision and property damage claims. Five years is not uncommon in accidents involving bodily injury claims, DUI or DWI, reckless driving, or serious violations at the time of the accident.

• How to settle a car accident claim without a lawyer?

  To negotiate a car accident settlement without a lawyer, you'll have to prove that the other party was to blame for your damages. Gather evidence at the scene to support your claim, including witness statements and photos. Seek medical treatment for your injuries immediately. Notify the other driver's insurer of your intent to file a claim. If you reside in a no-fault state, you will need to use your personal injury protection (PIP) benefits first before filing a claim against the other party for medical expenses and bodily injury. Be prepared with medical records, police reports, receipts for out-of-pocket accident-related costs, and proof of lost income due to the accident before beginning negotiations.