Legal Question in Insurance Law in Virginia

I reside in Falls Church,VA. I was a car accident in DC. The insurance company of the other driver, who was the fault, did deny to pay for my property damage because they say I am 1% fault according to the police report. What can I do?


Asked on 10/20/09, 3:08 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Sue them. DC, MD and VA all have strict contributory negligence laws, where any negligence on behalf of the plaintiff bars the claim unless (a) it did not in fact contribute to causing the accident, or (b) the defendant had the last clear chance to avoid the accident and failed to do so. The cop finding 1% negligence is basically meaningless unless he linked it up with causation.

If your car was insured other than for liability, your insurer will pay for the property damage and assert its claim against the other insurer.

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Answered on 10/25/09, 3:40 pm


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