I am partly at fault in a car accident. Can I make a claim?
Q: Can I make a claim against the other driver if I am partly at fault in a car accident?
A: In Virginia, you cannot.
Virginia is one of the few states that still follow the contributory negligence system. The contributory negligence system prohibits an accident victim from recovering any compensation if the defendant can prove the plaintiff contributed to the accident in any way at all.
If you are found to be partly at fault for an accident, you cannot make a claim against the other at-fault party’s insurance to recover damages. You can only receive damages for medical bills, lost wages, and other losses if the other driver(s) were 100% at fault for the accident.
Fighting for the Fair Compensation that You Deserve
In most cases, you should contact an attorney to assist you during the claims process and the fight for the compensation that you deserve after being injured by a negligent driver. Experienced lawyers have your best interest at heart, and can help give you peace of mind during a difficult time while maximizing your recovery. Do not hesitate to contact us if you have been in a car accident and need help dealing with insurance companies.
Contact our Virginia Personal Injury Lawyers to discuss your legal rights after being injured. Call to setup a free consultation today 877-544-5323.