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Motor Vehicle Collision Attorneys in Central Virginia | Summit Law

Motor Vehicle Collision Attorneys in Central Virginia | Summit Law

Every 4.1 minutes a car accident happens somewhere in Virginia. Car accidents are one of the leading, and steadily increasing causes of injury in the Commonwealth of Virginia. The most recent crash data published by the Virginia Department of Motor Vehicles reported 129,244 crashes, causing 64,086 injuries, and 918 fatalities in one year.

A car accident is more than a statistic though. Each one is a story — incredible pain, mounting medical bills, paychecks stopped, families changed, a person whose strength is about to be tested in ways they never chose.

Navigating what comes after a car accident is weighty – physically, financially, and emotionally. At Summit Law, our attorneys are with you every step.

Summit Law’s attorneys have recovered millions of dollars for injured Virginians across the Commonwealth of Virginia, including Lynchburg, Campbell County, Bedford, Forest, Madison Heights, Amherst, Franklin County, and Roanoke. When negligent drivers cause accidents that change lives, our dedicated attorneys step in to protect your rights, navigate the complexities of the insurance process and Virginia personal injury law, and fight to recover full and fair value for your injuries.

Summit Law’s attorneys handle each step of a car accident case with intention and compassion – from the first intake call to the day we hand you your check.

Summit Law specializes in complex litigation and trial work for car accident cases, bringing a unique courtroom focus to an industry that is crowded with high-volume firms who push to close files quickly, without going the distance to fight for the full value of what you have been through.

Injured in a car accident in Virginia? Call Summit Law at 434-317-8100 for a free consultation.

What should I do after a car accident in Virginia?

Quick Answer: After a car accident in Virginia, take these 7 steps as soon as possible: (1) call law enforcement, (2) call emergency medical services, (3) exchange insurance information with the other driver, (4) document the scene with photos, (5) seek medical treatment within 24 hours, (6) report the accident to the at-fault driver’s insurance company, and (7) contact your own insurance company. Avoid giving any recorded statements until you have spoken with an experienced Virginia personal injury attorney.

In the urgency that follows a car accident, it’s hard to know what to do first. The actions you take in the first 24 hours impact whether you recover fully from your injuries and whether you receive fair compensation for them.


At Summit Law, we recommend you take these critical steps immediately after being involved in a car accident in Virginia:


Step 1: Call law enforcement. In most cases, law enforcement will gather information about how the crash happened from the involved drivers, take down witness stories and contact information, document property damage and collect physical evidence, and take photographs of the involved vehicles and car accident scene. In many cases, law enforcement will issue a citation to the driver deemed to be at-fault and file an official crash report. In short, law enforcement officers are key players in gathering this information in real time when memories are fresh and evidence is still available.


Step 2: Call emergency medical services. Many times it may not be immediately clear if you sustained injuries, or what those injuries may be – it is still important to call emergency medical services to be evaluated. If you or someone else involved in the car accident sustained serious injury, calling emergency medical services is critical, and can be life-saving. Like law enforcement, these medical personnel are often an important first link in the chain of medical evidence used to prove your personal injury case, documenting your very first signs and symptoms, complaints of pain, and mental status at the scene of the car accident.


Step 3: Exchange insurance information with the at-fault driver. When possible, take photos of their driver’s license and auto insurance card. Get the following information:

  • Full name
  • Address
  • Phone number
  • Insurance company and policy number
  • Vehicle information – make, model, year, license plate number, and VIN number

Law enforcement may facilitate a formal exchange of information. If so, double check that all the needed information is listed, and take photos of any paperwork you are given by law enforcement for easy accessibility later.

Step 4: Document the scene yourself, or ask a family member to do so if you are not physically able. Take photos of both vehicles from all angles, the accident scene, and road conditions. Law enforcement photographic documentation is not always complete, and sometimes they do not take any photos at all.

Step 5: Seek medical treatment. Go get evaluated by a medical professional as quickly as possible. In more serious injury cases, immediate emergency transport to an emergency room or trauma center may be appropriate. In every case, we recommend evaluation within the first 24 hours of the accident, by an emergency room, urgent care, primary care provider, walk-in clinic, etc. Report any symptoms or pain you are experiencing and follow up for further treatment if any new symptoms start to occur. Insurance companies are quick to use gaps in medical treatment or unreported symptoms as evidence that your injuries or symptoms aren’t actually caused by your accident.  Medical records are essential evidence in your personal injury case. Your case is strongest when they document a clear, contemporaneous (real-time) picture of how your injury and symptoms develop over time.

Step 6: Contact the at-fault driver’s insurance company to open a claim. Report information about how your car accident happened and general information concerning your injuries. Remember, the insurance company is not your friend and will be looking for information they can use to deny, dispute, or devalue your personal injury claim. At Summit Law, we can handle opening a personal injury claim for you with the at-fault driver’s insurance company. Do not give or agree to give a recorded statement without first consulting an experienced Virginia personal injury attorney who understands the legal implications of each and every fact in your

Step 7: Contact your insurance company to open a claim. You should also report information about how your car accident happened and general information concerning your injuries to your own insurance company. A common misconception is that your insurance company is on your side. This is not the case. Depending on the value of your case and the amount of insurance the at-fault driver carries, your insurance policy is a potential source of compensation for your injuries. Ultimately, your insurance company’s job is to pay out as little as possible — even when you’re the one paying premiums. At Summit Law, we can handle opening a personal injury claim for you with your insurance company. Even when dealing with your own insurance company, do not give or agree to give a recorded statement without first consulting an experienced Virginia personal injury attorney.

Step 8: Contact an experienced Virginia personal injury attorney. Before accepting any settlement offer, signing paperwork from an insurance company, or giving a recorded statement, contact a personal injury attorney who handles car accident cases in Virginia. An attorney can gather essential evidence, advise you on the value of your claim based on real settlement and courtroom experience, deal with insurance adjusters on your behalf, and protect you from common mistakes that reduce settlement amounts. At Summit Law, consultations with our attorneys are free and there is no fee unless we recover compensation for you. Call 434-317-8100 or request a consultation online.

Many people underestimate how decisive taking these eight steps can be. From a trial lawyer’s perspective, a case doesn’t begin when an attorney is hired. It begins at the scene — with the photos, statements, reports, and medical records preserved (or lost) in the first 24 hours after a car accident.

Insurance companies pay full value when they believe your attorney is willing and able to take a strong case to trial. That credibility is built on the evidence gathered in the first hours after a crash — and on the trial lawyer you choose to handle what comes next.

What are Virginia Car Accident Laws?

Contributory negligence, damages, statute of limitations, and minimum insurance requirements.

Quick Answer: There are four distinctive areas of Virginia personal injury law that impact car accident claims:

Pure contributory negligence: Virginia is one of just four states that still adhere to strict contributory negligence laws. If you are even 1% at fault for causing the car accident, you cannot recover any compensation.

Elements of damages: If the other driver is solely at fault for causing the accident, you can recover monetary damages for causally related personal injuries. After a car accident you can recover for pain and suffering, disfigurement, inconvenience, medical expenses, lost wages, lost earning capacity, and property damage, depending on the circumstances.

Minimum insurance requirements: Virginia drivers of standard vehicles are required to carry minimum bodily injury insurance coverage of $50,000 per person and $100,000 per accident. Virginia drivers are also required to carry a minimum of $25,000 in property damage coverage.

Statute of limitations: In most cases, injured victims have two years from the date of the accident to file a personal injury lawsuit in Virginia (Va. Code § 8.01-243).

Virginia’s car accident laws are unique. Because Virginia follows strict contributory negligence laws, every single fact about how your accident happened could mean the difference between recovering full and fair compensation for your injuries – or being completely barred from recovering anything. These strict liability standards make it especially important to work with an experienced Virginia personal injury attorney who understands the legal implications of each and every fact in your case, has experience framing and presenting these facts in a way that allows you to recover compensation, and can navigate insurance companies’ unfair liability disputes.

What is contributory negligence?

Contributory negligence is an affirmative defense an at-fault driver can raise in a car accident case – it is a legal doctrine that bars plaintiff recovery in cases where you contributed to causing the accident. In order to raise the defense, the at-fault driver has to be able to prove:

  • That you were negligent in some way, and
  • That your negligence at least partially caused the accident.

Oftentimes, a contributory negligence defense catches Virginia car accident victims by surprise. It feels obvious that the other driver’s actions were the reason the crash happened. The other driver may have even gotten a ticket at the scene.

However, insurance companies are very familiar with Virginia’s contributory negligence rules and are hunting for even the smallest facts that could support the defense – late or no turn signal, 1-2 mph over the speed limit, a rolling stop. Few, if any, of us are perfect drivers, and any even seemingly inconsequential driving violations can have significant consequences in your case.

In some cases, insurance companies may rely on inaccurate accounts and deny your claim on the grounds that you contributed to causing the accident. A defensive at-fault driver who insists you didn’t have your turn signal on when you actually did, a passerby who thought you were going “fast,” a police officer who filed a report without coming to talk to you in the emergency room – these are all things that could result in an initial denial of your car accident claim. At Summit Law, we know how to conduct a complete investigation to get to the bottom of factual inaccuracies, prove you were not negligent, and flip a denial of liability.

In other cases, you may have in fact violated a driving rule – done something negligent per se (negligent as a matter of law) – but that action didn’t actually cause the crash in any way. For example, maybe you were driving 2 miles per hour over the posted speed limit on a two lane road, but the crash happened because the other driver crossed the yellow center lines and hit you in a head-on collision. Cases where there was a technically negligent act on your part that didn’t actually cause the crash are some of the most hotly contested and challenging cases. They almost always require the expertise of a skilled personal injury trial attorney who is willing to go the distance in order to recover full value for your injuries. At Summit Law, we know how to explain to juries the nuances of legal causation to prove that your actions did not actually cause the car accident, and flip a denial of liability.

Most U.S. states follow comparative negligence, which only reduces a plaintiff’s recovery in proportion to their fault. Virginia’s pure contributory negligence rule is much more high-stakes: any fault on your part bars recovery entirely.

At Summit Law, we leverage our litigation and trial skills to flip liability denials, where the insurance company is exploiting the contributory negligence defense to deny your claim or use the risk of barred recovery to pressure you into a low settlement. We regularly work with law enforcement officers, lay witnesses, and crash reconstructionists to build a strong case.

What damages can I recover compensation for after my Virginia car accident?

Virginia Model Jury Instruction No. 9.000 outlines eight types of damages you can recover monetary compensation for after a car accident:

  • Bodily injuries and their effect on your health
  • Physical pain, mental anguish, and suffering
  • Disfigurement or deformity and associated embarrassment
  • Inconvenience
  • Medical expenses
  • Lost wages
  • Lost earning capacity
  • Property damage

For the first seven, damages can be claimed for what you have experienced in the past – as well as what you may reasonably be expected to experience in the future. Future damages can include things like the cost of additional surgeries, ongoing physical therapy, permanent disability, or reduced earning capacity over a lifetime.

Each element of your damages, whether past or future, requires proof by a “preponderance of the evidence” and must be causally related to the at-fault driver’s negligence. In practical terms, this means showing that it is more likely than not that you sustained that specific loss as a direct result of the car accident.

At Summit Law we gather this proof for you and present it to insurance companies, opposing counsel, judges, and juries in a way that is compelling.

How long do I have to file a car accident claim?

In Virginia, the statute of limitations for filing a personal injury lawsuit arising from a car accident is two years from the date of the accident, under Va. Code § 8.01-243. After that date, you will not be able to bring a claim, and your recovery will be barred completely – regardless of how strong your case otherwise is.

There may be narrow exceptions to this two-year statute of limitations in cases involving minors or persons considered to be under a disability (such as individuals who are mentally incapacitated at the time of the accident).

There may also be a need to file a notice of claim under the Virginia Tort Claims Act sooner than two years if your claim is against the Commonwealth of Virginia or a Virginia county, city, or town.

It is critical to be aware of these dates and contact an experienced Virginia personal injury attorney promptly, so that there is time to investigate and gather evidence, file any required notices and your lawsuit, and protect your right to recover for your injuries.

What are the minimum personal injury insurance requirements?

Per the Virginia DMV, the minimum insurance requirements for standard vehicles in Virginia are as follows:

Coverage TypeMinimum Amount
Liability bodily injury coverage (per person)$50,000
Liability bodily injury coverage (per accident)$100,000
Property damage coverage (per accident)$25,000
Uninsured/underinsured motorist coverageBy default it matches the bodily injury coverage ($50,000/$100,000)

In Virginia, multiple insurance policies can stack in order to provide additional coverage if the value of your case exceeds the available liability coverage on the at-fault driver’s policy.

Keep in mind, case value and available insurance coverage are two different numbers. At Summit Law we maximize both — by building the value of your case and by identifying every policy that can contribute to your recovery.

If you’ve been injured in a Virginia car accident and are facing a contributory negligence defense, have questions about insurance coverage, or are being pressured by insurance adjusters to settle for less than your case is worth, contact Summit Law for a free consultation. Call 434-317-8100 or request a free consultation online.

What types of car accident cases does Summit Law handle in Virginia?

At Summit Law, we handle a wide range of car accident cases throughout Virginia. Each case is unique, and we tailor our approach to the specific details of your situation.

Common types of car accident cases we handle:

Rear-end accidents: In Virginia, the rear driver is legally presumed to be at fault in a rear-end collision. That presumption can be rebutted (overturned), however, if evidence of your contributory negligence is introduced. Insurance companies frequently try to shift the blame by claiming a missing brake light, a sudden stop, or no turn signal. But Virginia law is clear: drivers must be prepared at all times for sudden stopping and must maintain a safe following distance.

Head-on collisions: Head-on collisions are among the most serious car accidents because of the combined impact speed of both vehicles. They’re often caused by drunk driving, distracted driving, drowsy driving, unsafe passing, or a driver crossing the center line. Fatalities and catastrophic injuries like traumatic brain injuries and spinal cord injuries are disproportionately common.

Failure-to-yield accidents: Failure-to-yield accidents occur when a driver fails to give the right of way at intersections, when entering a highway, or at pedestrian crossings [internal link to pedestrian page]. Liability often turns on traffic signal evidence, witness statements, and the specific intersection layout. Insurance companies frequently contest liability in these cases if you were driving even 1-2 mph above the speed limit. Under Virginia’s strict contributory negligence rules, if you were driving at all over the speed limit, you “forfeit” the right of way. That doesn’t mean you caused the crash, but it can make these cases especially fact-sensitive and challenging to prove.

T-bone accidents: T-bone collisions happen when the front of one vehicle strikes the side of another at or near an intersection — almost always because a driver ran a red light, ignored a stop sign, or failed to yield while turning. Side-impact crashes can cause disproportionately serious injuries because vehicles offer far less structural protection on the sides than at the front or rear. Insurance companies still routinely raise contributory negligence in Virginia t-bone accidents to argue the struck driver should have seen the other vehicle coming and taken some type of evasive action.

Improper lane change accidents: Improper lane change crashes happen when a driver moves into another lane without checking blind spots, signaling, or yielding to traffic already in that lane. These accidents are common on Virginia interstates and multi-lane highways like I-81, U.S. 29, and U.S. 460, often producing sideswipe collisions or forcing another driver off the road.

Roundabout accidents: Despite the increasing use of roundabouts in Virginia roadway design, many drivers are still unfamiliar with how to navigate them safely. Roundabouts at locations like Lakeside Drive, Langhorne Road & Vassar Street, or Odd Fellows Road have generated a growing number of injury crashes in recent years. Most roundabout crashes are caused by a driver failing to yield to traffic already in the circle, changing lanes improperly inside the roundabout, or entering at unsafe speeds.

Multi-vehicle accidents: Multi-vehicle accidents involve three or more vehicles, often the result of chain-reaction collisions on highways like U.S. 29, U.S. 460, or I-81. These cases typically involve multiple insurance companies, complex liability disputes, multi-party negotiations, and require thorough investigation to identify every driver that contributed to your injuries — and every insurance policy that can provide coverage.

Hit-and-run accidents: When the at-fault driver flees the scene, recovery often depends on quick and effective investigation to identify the driver that hit you or on uninsured motorist (UM) coverage on your own policy and/or the policy of a family member under Virginia’s resident relative rule. Virginia law requires every auto policy to include UM coverage.

Highway accidents: Highway car accidents in Virginia frequently occur on I-81, U.S. 29, U.S. 460, and U.S. 501 — high-speed corridors where even small driver errors can cause catastrophic injuries. Multi-vehicle pileups, semi-truck involvement, and unsafe lane changes are particularly common. The more severe the injury, the more aggressively insurance companies tend to contest every aspect of the claim — liability, causation, and the magnitude of damages.

Rural roadway accidents: Rural car accidents are common across Central Virginia’s two-lane roads, winding mountain routes, and county highways. These crashes often involve liability disputes related to safe speeds, weather, visibility challenges, animals suddenly in the roadway, and road conditions. There are also likely to be few, if any, eyewitnesses, limited availability of surveillance, and longer law enforcement response times that can complicate evidence gathering.

Bicycle accidents: Cyclists are among the most vulnerable road users in Virginia and often suffer serious injuries — traumatic brain injuries, fractures, road rash, and spinal trauma — even in low-speed crashes with motor vehicles. Common causes include drivers failing to yield, violating Virginia’s three-foot passing law (Va. Code § 46.2-839), or simply not seeing a cyclist they should have. Non-motorists like cyclists are especially exposed to a contributory negligence defense without thorough investigation from day one.

Motorcycle accidents: Motorcycle riders have far less physical protection than drivers of enclosed vehicles, and even low-speed crashes can result in severe injuries — including traumatic brain injuries, spinal cord injuries, road rash, and multiple fractures. Most motorcycle crashes are caused by other drivers failing to see the motorcycle, making unsafe left turns across the rider’s path, or changing lanes without safely checking blind spots. Juries can carry biases against motorcyclists, and insurance companies are quick to capitalize on this and raise a contributory negligence defense to deny claims or deeply discount offers.

E-bike and e-scooter accidents: The Virginia Code does not clearly categorize e-bikes and e-scooters or specify which part of the road riders should use. Classification depends on factors like the make, model, maximum speed, and how the vehicle is powered. Most of these cases come down to whether the rider was using the correct part of the road — and whether that was a cause of the crash.

Rideshare (Uber and Lyft) accidents: Rideshare crashes come with a unique layer of insurance complexity: the coverage available depends on what the rideshare driver was doing at the moment of the crash — offline, logged in waiting for a request, or actively transporting a passenger. Uber and Lyft each provide up to $1 million in liability coverage when a driver has accepted a ride, but coverage drops sharply — or disappears entirely — in other periods. Depending on the driver’s track record, there may be other claims available directly against the rideshare company for negligent hiring or retention of drivers.

Commercial vehicle/trucking accidents: Crashes involving commercial vehicles — semi-trucks, delivery trucks, buses, and box trucks — produce some of the most catastrophic injuries on Virginia roads. Trucking cases are governed by both Virginia personal injury law and federal regulations enforced by the Federal Motor Carrier Safety Administration (FMCSA), and often involve multiple defendants: the driver, the trucking company, the cargo loader, the vehicle maintenance provider, and sometimes others. Trucking companies and their insurers invest heavily in immediate investigation and accident reconstruction — and critical evidence like driver logs, electronic control module data, and maintenance records can disappear within days, making early investigation by an experienced Virginia personal injury attorney essential.

Fatal accidents (wrongful death claims): When a car accident takes a life, surviving family members may be able to bring a wrongful death claim under Virginia law (Va. Code § 8.01-50). These claims can recover compensation for the deceased’s medical and funeral expenses, lost income, and the loss of companionship, guidance, and care suffered by surviving family members. The 2-year statute of limitations runs from the date of death, which may be different than the date of initial injury.

Uninsured and underinsured driver claims: When the at-fault driver has no insurance, or has policy limits too low to fully and fairly compensate you for your injuries, your own uninsured/underinsured motorist (UM/UIM) coverage can step in to provide recovery. Virginia law requires every auto policy to include UM/UIM coverage, and in many cases multiple UM/UIM policies can be stacked to maximize available coverage. These claims have unique procedural rules and are just as frequently contested as traditional liability claims — even though they’re paid by your own insurer rather than the at-fault driver’s.

What are the most common causes of car accidents in Virginia?

Drunk driving accidents: Drunk driving accidents are among the most preventable — and most devastating — car accidents in Virginia. In addition to compensatory damages, victims of impaired-driver crashes may be entitled to punitive damages, which are designed to punish the driver for especially reckless conduct. A related DUI arrest or conviction can also serve as powerful evidence in the civil case.

Distracted driving accidents: Distracted driving — texting, phone calls, GPS use, eating, or anything that takes attention away from the road — is a frequent cause of car accidents in Virginia. Since 2021, Virginia has prohibited drivers from holding a personal communications device behind the wheel (Va. Code § 46.2-818.2), and a violation can serve as powerful evidence of negligence in a civil case. Proving distraction can require obtaining phone records, dashcam footage, surveillance video, and witness testimony — evidence that can disappear or be overwritten quickly if it isn’t preserved.

Speeding accidents: Speeding reduces a driver’s reaction time, increases stopping distance, and dramatically raises the severity of injuries when a crash occurs. In Virginia, driving 20 mph or more over the posted limit — or faster than 85 mph regardless of the limit — automatically qualifies as reckless driving and can be charged as a Class 1 misdemeanor (Va. Code § 46.2-862). Proving the at-fault driver’s exact speed can require accident reconstruction analysis, vehicle data, and law enforcement evidence.

Weather-related accidents: Virginia drivers face challenging weather conditions year-round — heavy rain on mountain roads, winter ice and snow on rural highways, and dense fog in the Blue Ridge corridor. While bad weather is not an excuse for negligent driving, insurance companies often try to blame the conditions to avoid paying claims. Proving that a driver failed to safely adjust their speed or behavior to the conditions is typically the key to recovery in these cases.

What are common injuries after a car accident in Virginia?

Car accidents can result in a wide range of injuries. Some may be apparent right away, like fractures or whiplash. Others may only become apparent in the days and weeks following a car accident, like a traumatic brain injury or aggravation of a pre-existing spine condition.

No matter the initial symptoms, it’s important to seek medical evaluation as soon as possible, either in the emergency room, an urgent care, with your primary care provider, or at a walk-in clinic.

At Summit Law, we commonly see Virginia car accident victims sustain the following injuries:

Whiplash and neck soft tissue injuries: Often the result of rear-end collisions, symptoms can include neck pain, stiffness, headaches, and reduced range of motion.

Cervical, thoracic, and lumbar spine injuries: Spine injuries range from sprains and herniated discs to vertebral fractures and spinal cord damage.

Traumatic Brain Injuries (TBIs) and Concussion: TBIs and concussions can have lasting cognitive, emotional, and behavioral effects — and symptoms often manifest over a period of days or weeks.

Post-concussive syndrome: Post-concussive syndrome is a persistent constellation of symptoms (headaches, dizziness, memory issues, mood changes, etc.) that continue weeks or months after the initial concussion.

Broken bones and fractures: Fractures are common in serious car accidents and may require surgical fixation, prolonged immobilization, and therapies as well as create permanent disfigurement or scarring at surgical sites.

Internal injuries: Internal injuries can include damage, bruising or lacerations to organs (liver, spleen, lungs, etc.) or internal bleeding from blunt force trauma, often requiring emergency evaluation and advanced imaging to detect.

PTSD, anxiety, and depression: Emotional and psychological injuries are recoverable as damages in Virginia personal injury cases, whether they are new onset after the car accident or aggravated pre-existing mental health conditions.

Who pays for my medical bills after a Virginia car accident?

Quick Answer: In Virginia, you pay your medical bills as you receive treatment — there is no immediate insurance pool that covers your medical expenses while your case is pending. Full reimbursement comes only when your personal injury case resolves, either through a settlement or through an award from a judge or jury. To manage costs while you wait, you should:

Use your own health insurance to cover treatment as you go.
Check your auto policy for medical expense or medpay coverage, which may reimburse out-of-pocket costs along the way.
Ask providers about payment plans for any balance you owe out of pocket.

At the end of the case, your compensation may come from the at-fault driver’s insurance, your own insurance, or a combination of policies.

Mounting medical expenses can be one of the most overwhelming consequences of your car accident. In Virginia, full reimbursement for medical expenses generally doesn’t come until the very end of your personal injury case, either when your case settles or you go to court and a judge or a jury evaluates your damages and awards you compensation.

Because this full compensation often doesn’t come for months or sometimes even years after your car accident, these are the steps we recommend taking to manage your medical expenses:

Step 1: Use your regular health insurance. Whether you have health insurance through your employer, the marketplace, Medicaid, or Medicare, present your health insurance to your medical providers at the time of treatment just as if it were a regular appointment. If the medical provider or billing representative tells you that they are going to bill auto insurance, or defer billing insurance at all until your personal injury case is complete, tell them you would like them to bill your health insurance. Under Virginia’s medical lien statute, any outstanding provider balances must be paid out of your personal injury proceeds — so using health insurance keeps those balances (and your out-of-pocket costs) to a minimum.

Step 2: Be mindful of potential liens. Virginia follows the “collateral source rule.” This means that in a Virginia car accident case, you can recover the full value of related medical treatment, whether or not health insurance covered anything. The at-fault driver does not get a discount, simply because you have health insurance. The flip side of using health insurance to cover your accident related treatment is that some insurance companies will require reimbursement at the end of your personal injury case for covered treatment that is the responsibility of a third party (the at-fault driver).

If you have insurance through Medicare, Medicaid, Workers’ Compensation, TRICARE or another similar government insurer, there will be a lien for this type of reimbursement on your personal injury proceeds. If you have an employer or marketplace plan, whether or not reimbursement or subrogation is required depends on the language of your specific health insurance plan. At Summit Law we proactively manage liens and subrogation from day one, negotiate to reduce them when possible, and facilitate the reimbursement process for you at the conclusion of your case. This active management of liens and subrogation allows us to be upfront with you throughout settlement negotiations and resolution of your case about what money will go in your pocket at the end of the day.

Step 3: Check to see if your auto insurance policy provides medical expense or medpay coverage. Medical expense or medpay benefits are optional coverage you can elect to carry on your auto insurance policy. Medical expense or medpay benefits compensate you dollar for dollar for out-of-pocket medical expenses you have incurred. These benefits can be requested and issued throughout your personal injury case as you incur medical expenses by providing medical bills and records to your insurance company. The exact amount of coverage varies, depending on what your elections were at the time the policy was issued.

To determine if you have medical expense or medpay coverage, find and review your declarations page that lists the various coverages on your policy. It’s important to note that medical expense or medpay coverage stacks based on the number of vehicles listed on your policy. For example, if you have $2,000 in medical expense benefits and two listed vehicles, you have $4,000 available in benefits. At Summit Law, if you have medical expense or medpay benefits on your policy, we will handle the process of requesting them for you, free of charge.

Step 4: Ask your medical providers about payment plans. If your out-of-pocket medical expenses are simply too significant, even after using your health insurance, ask your medical providers about whether or not they provide payment plans. Under Virginia’s lien laws, any related outstanding provider balances have to be paid out of your personal injury proceeds, so setting up a payment plan while your case is pending could be a workable solution to keep medical bills out of collections and manage the influx of expenses while you wait for your personal injury case to resolve.

What if I can’t afford medical treatment after my Virginia car accident?

We can’t stress the importance of getting the appropriate and recommended medical treatment enough. Virginia allows at-fault drivers to raise the defense of an accident victim’s “failure to mitigate damages.” In practical terms, this means if you do not take reasonable steps to get better, a Virginia jury could discount or reduce your compensation. Failing to get reasonable and recommended medical treatment is one of the most common reasons insurance companies and opposing counsel raise this defense and can have significant implications for your recovery – both physically and financially.

At Summit Law, we understand a car accident can completely upend your finances. You are contending with rapidly mounting bills you couldn’t plan for, rising healthcare costs, and in many cases the inability to work.

If you can’t afford recommended treatment, follow the steps above to the best of your ability so you can get as much care as possible. At Summit Law, we fight for real people caught in the financial catch-22 a car accident creates. When insurance companies try to discount your case because of a financial predicament you didn’t choose, our trial attorneys present your story to judges and juries — and make sure they understand you did everything in your power to recover.

What if my Virginia car accident worsened a pre-existing injury?

Quick Answer: Virginia adheres to the eggshell skull doctrine – this is an analogy to illustrate the legal principle that the at-fault driver “takes the plaintiff as he or she finds them.” As a result, at-fault drivers are liable for the full extent of injury caused, even if the plaintiff was “fragile,” or more susceptible to injury than the average person due to a pre-existing condition. This rule applies to both physical and emotional injuries.

The at-fault driver is not responsible for your underlying condition itself — but is liable for any aggravation, worsening, or acceleration caused by the crash. For example, if you had degenerative disc disease in your lower back before the accident and the crash caused a new disc herniation or significantly worsened your pain and nerve symptoms, the at-fault driver is liable for the worsening of your condition, not the underlying condition.

Insurance companies push back aggressively on giving full and fair compensation in aggravation cases. They will request your prior medical records, point to any documented history of similar issues no matter how infrequent or far in the past, and argue that your current symptoms are simply a continuation of your pre-existing condition rather than the result of the crash. Proving the aggravation often requires comparing pre-accident medical records to post-accident records, securing treating physician opinions on causation, and presenting detailed before-and-after evidence from friends, family, or coworkers about how the accident affected your daily life, work, and ability to function.

At Summit Law, we routinely handle aggravation cases. We gather the right medical evidence, work with medical experts to prove causation, and counter insurance company tactics designed to use a pre-existing condition as a reason to undervalue your claim. People with prior injuries or health conditions are no less entitled to full compensation under Virginia law — and we make sure judges, juries, and insurance adjusters understand that.

Common Causes of Motor Vehicle Collisions in Central Virginia

Motor vehicle accidents are often preventable and usually result from driver negligence. Understanding the cause of your accident is a key part of building a strong legal case.
Some of the most common causes of collisions include:

Distracted Driving

Texting, using a GPS, eating, or any activity that takes attention away from the road can lead to serious accidents.

Speeding and Reckless Driving

Excessive speed reduces reaction time and increases the severity of collisions.

Driving Under the Influence

Alcohol and drugs impair judgment, coordination, and reaction time, making DUI-related accidents especially dangerous.

Failure to Yield or Obey Traffic Laws

Running red lights, ignoring stop signs, and failing to yield are common causes of intersection accidents.

Fatigued Driving

Drowsy drivers can be just as dangerous as impaired drivers, especially on longer rural roads common in Central Virginia.

Unsafe Lane Changes

Failing to check blind spots or signal properly can result in sideswipe or multi-vehicle accidents.

No matter the cause, if another driver’s negligence led to your injuries, you have the right to pursue compensation.

Serving Clients Across Central Virginia

Summit Law proudly serves individuals and families throughout Central Virginia, including:

We know the roads, medical providers, courthouses, and communities of this region — from U.S. 29, U.S. 460, and I-81 to the Lynchburg, Bedford, Amherst, and Campbell County courts. We know which intersections produce the most crashes, what local  doctors testify well in car accident cases, which adjusters work this region, and which judges and juries we appear in front of. That local knowledge matters, and we use it when we investigate and build cases and advise you on what you can expect in your Virginia car accident case.

Schedule a Free Consultation

If you or someone you love has been injured in a car accident in Virginia, you do not have to face what comes next alone. Before you speak with an insurance company, sign paperwork, or accept a settlement offer, talk to a Summit Law trial attorney about your case — at no cost to you.

Consultations are free, and there is no fee unless we recover compensation for you. Call 434-317-8100 or request a consultation online. We are ready when you are.

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Frequently Asked Questions

We have extensive experience arguing against partial fault and getting insurance companies to change their decisions regarding denial of claims. 

We can significantly improve your chances as getting a settlement that represents a full value of your injuries not matter how big or small your injuries may be

Every case is unique. The value of your claim depends on factors like your injuries, medical costs, and the impact on your daily life. We make sure to identify each and every way your injuries have impacted your life and communicate this to the insurance companies.

Call an attorney if this happens. Insurance companies will attempt to pressure you into a settlement or will try to get you to get you to say things about the car accident to use against you. 

It’s best to be cautious when speaking with insurance companies. You are not required to give a recorded statement right away, and anything you say could be used to minimize your claim. We will review your policy and will investigate all possible insurance coverage possibilities. 

The timeline varies depending on the complexity of the case, the severity of injuries, and whether a settlement is reached or the case goes to trial. Some cases resolve in a few months, while others may take longer to ensure full and fair compensation.