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Virginia Car Accident Claim Compensation Guide

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Key Takeaways

  • Dealing with insurance companies after suffering a personal injury can be stressful because their representatives do not put your well-being as a priority and will often try to delay or deny paying claims.
  • The amount of time it takes an insurance company to settle a personal injury claim will vary depending on the factors involved with the accident.
  • Working with an experienced Virginia accident attorney can help you through the challenging process of dealing with insurance companies.
Car Accident Claim Final

When you are recovering from a personal injury, such as an auto accident, the last thing you want to worry about is the timeline of your insurance settlement.

You should be focusing on healing, but instead, you find yourself facing accumulating medical bills, a mountain of paperwork, and other obstacles to obtaining any compensation.

Learn about how long insurance claims take for a Virginia personal injury case, how you can help speed up the process, and what an experienced Virginia personal injury lawyer can do to ease your burden.

How Long Does It Take for Insurance to Handle a Car Accident Claim?

Fender bender on the streetUnder Virginia law, insurance companies have to handle a car accident claim in a “reasonably promptly” fashion. The timeline sometimes varies because an accident case may involve different factors that can directly impact how long a claim takes to process and settle.

  • Disputes over fault for the accident
  • Severity of accident or if serious injuries occurred
  • Questions about the accident cause and extent of injuries
  • Coordination of health insurance benefits
  • Coordination with healthcare providers
  • Number of insurance companies involved in the accident (including multiple injured parties)
  • Amount of physical damage to the motor vehicle or other property damage

The timeframe to settle a client’s case does not begin until the client is done with their treatment. Normally, for a relatively straightforward case, it will take between three and four months after a client has finished treatment for the case to settle.

How Long Does an Insurance Adjuster Have to Respond in Virginia?

According to 14VAC5-400-60, an insurance company must provide an acceptance or denial of the claim to the claimant. If more time is needed by the car insurance company, they “shall notify the first party claimant within 15 calendar days after receipt of the proof of loss giving the reasons more time is needed.”

If the investigation is not completed, the insurer has a responsibility within 45 days to respond in writing, “setting forth the reasons additional time is needed for the investigation.”

Sometimes car insurance adjusters will try to quickly settle a case immediately after an accident, usually before a car accident attorney is involved. Once legal representation is involved, the insurance company may sit back and wait. Victims have two years to sue for compensation. Once litigation is initiated, there are deadlines to comply with.

How Long Does It Take to Get a Car Accident Settlement in Virginia?

A claimant can expect the settlement process to take several weeks or months once both parties come to an agreement. However, it still takes more time because the insurance company will forward the check to your attorney, who will then send your compensation.

What Can I Do to Speed Up My Virginia Car Accident Settlement?

damage from hitting a curbRealistically, there is nothing to speed up when it comes to a claim payout. What you can do is seek prompt medical attention and gather as much evidence as possible to support your case. This will help the process move faster. An experienced attorney will help by:

  • Providing legal advice
  • Gathering evidence
  • Reviewing the police report
  • Assembling medical records
  • Helping identify the at-fault party
  • Examining the insurance policy specifics
  • Filing your claim quickly
  • Creating a demand letter
  • Negotiating with the insurer (if necessary)

At Montagna Law, we know the system well and are fully familiar with the necessary paperwork. This means less back-and-forth with involved parties, which can help your case move along faster.

Why Work with Montagna Law Car Accident Lawyers

Montagna Law is committed to providing personalized legal services to each client. There are a few key reasons why people often select our law firm over competitors. The primary reasons we are chosen over others is due to our reputation for providing a high level of communication, quicker response times to calls, transparency about cases, and easier access to attorneys.

Our law office does not restrict the days clients can call their lawyer about their cases. Accident cases can be stressful, confusing, and full of uncertainty. Montagna Law understands this and will never leave you feeling left in the dark for long periods of time. When you speak with us, you can expect to receive the personalization you deserve.

Testimonials

“Mr. Montagna is an amazing attorney. His legal expertise and dedication exceeded my expectations. Mr. Montagna provided clear, and insightful guidance throughout the entire legal process. His professionalism and accessibility are unmatched in his field. he was very prompt if I had any questions and kept me informed at every stage. I would highly recommend Mr. Montagna to anyone in need of legal representation.” – Tyler.

“I love that my concerns are ALWAYS addressed, and my phone calls are returned. Great staff!!” — Sickler J.

We Deal with Insurance, So You Don’t Have To

Insurance companies are notorious for trying to delay, deny, or otherwise undercut injury claims. The understanding and compassionate attorneys at Montagna Law are here to advocate and negotiate to get you the fair compensation you need to cover medical treatment and other costs associated with your injury.

Our attorneys work with accident victims with all types of claims, including car crashes, truck accidents, motorcycle accidents, wrongful death, and other types of personal injuries. You deserve to have your legal rights protected, and it’s our job to do just that.

To schedule your free consultation, call Montagna Law at 877-622-8100 or fill out our online contact form. Our accident lawyers bring years of experience to the insurance claim process and proudly serve the entire Hampton Roads area, including Virginia Beach, Norfolk, Chesapeake, Newport News, Portsmouth, and Suffolk.

Frequently Asked Questions

How Long Do I Have to File a Car Accident Lawsuit in Virginia?

Virginia does stipulate a statute of limitations on personal injury lawsuits, including car accidents. The time limit is two years after the date the injury occurred. We recommend you speak to an attorney even if you think you missed the date since there are sometimes exceptions.

What Happens if Insurance Doesn’t Want to Settle My Personal Injury Case?

If the auto insurance company does not want to settle or if your settlement offer does not cover injury costs, you can file a personal injury lawsuit and take your case to court to pursue a fair settlement.

Written By Jon Montagna

Attorney

Jon Montagna received a Bachelor of Arts in Literature from American University in Washington D.C. and graduated Cum Laude from the University of Miami School of Law in 1999. Jon practices law in the Hampton Roads, Virginia, area, focusing on personal injury, family law, workers’ compensation, and more. Jon Montagna focuses on serving and achieving favorable results for his clients.

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