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When you are involved in a car accident and the other party claims liability and there are injuries do you need to retain a lawy

Virginia Beach, VA |

Can you settle with the insurance company or should you retain a lawyer ?

Attorney Answers 2


  1. I am licensed in Nevada, but this answer should apply to Virginia as well.

    If I understand your question you are asking if you can settle a claim for injuries in an accident you caused.

    The other driver can claim that you caused the accident. However, only the facts can determine who was actually at fault. Assuming you are at fault, the law requires you to compensate those injured by your negligence for the injuries you caused. However, if you have insurance, a claim should be opened up and they will handle the claim from there as they are required to by law and your insurance contract.

    The insurance company may deny coverage for acts or damages that are not covered under the policy. For instance, they may not cover any damages for injuries that were caused intentionally. Nor will they usually pay punitive damages that may be awarded against a person found to have been under the influence of drugs or alcohol. But, as long as this is a simple negligence case, they should cover all of the damages up to your policy limits.

    In short, make sure to open a claim with your insurer and let them handle the claim from there. They will also retain an attorney if that is needed.

    I highly recommend seeking the assistance of a lawyer if you do not have insurance and caused an accident that injured others.

    Hope this helps.

    /s Donald Kudler
    http://www.capandkudler.com


  2. I am not sure if you are the injured person or the at fault driver. If you were hurt, you are likely better off with a lawyer who will look out for your best interests (the insurance company will look after theirs!). I am in Virginia Beach and can be reached at 460-7776. I will not charge to talk to you as a new client, and will tell you more about your options.
    If you are the at-fault driver, then call your insurer and they will provide you a defense.
    John Cooper

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