Legal Question in Civil Rights Law in Virginia

car accident

I was in a car accident and my car was totaled. I had to go to the hospital for my neck and my family & I have no money for the bills. The police gave the guy a summons, but when we went to court the judge said that he was leaving it up to our insurance companies. I only have liability & the guy--name removed--insurance said I was 1% at fault so they weren't going to pay either. Should I take the guy to small claims? Can he countersue for anything? What can I sue for (car, hospital bills, etc.)?


Asked on 5/17/07, 2:37 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: car accident

If no one is picking up your bills resulting from this accident, what choice do you have other than to sue

the bastard? (The 1% fault business is the insurance company's way of saying that you were contributorily negligent in a very small way to the accident, but under Virginia law that's sufficient to let their client off the hook. Your task will be to prove to the court by a preponderance of the evidence that in fact 100% of the fault lies with the other driver and that no part of it can be legally attributed to you.)

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Answered on 5/17/07, 8:14 pm


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