Legal Question in Personal Injury in Virginia

Is this negligence?

I was recently in an accident where I was waiting to make a left turn, and the car coming from the opposite direction stopped for me and waved me across to make my turn. As I began turning, a car behind the one which had stopped passed it (illegally) on the right and hit me. All parties agree that the driver who passed illegally is negligent. But his insurance adjuster is claiming that I am also partly responsible for not forseeing his illegal action and yeilding right-of-way to him. Under VA law, if both parties are partly responsible, neither can make claims against the other, and therefor this adjuster is denying my claim for damages. This seems like nonsense to me! Am I really negligent for not anticipating the negligence of another driver, or is this adjuster trying to pull a fast one? If he is lying here, do his actions constitute "bad faith" in dealing with my claim?


Asked on 10/27/99, 1:16 pm

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

Re: Is this negligence?

It is not out of the question that a jury could find you contributorily negligent, which does, as you indicate, bar recovery in Virginia. However, it is also far from a sure thing that a jury would find you were negligent. You need to retain counsel to pursue the claim so that the adjuster cannot try to pull this stuff, and so that you have a credible threat of a suit if they don't settle.

As to bad faith, there is in VA no duty on the part of an opposing party's insurance carrier to act in good faith towards you, and no claim against them if they don't. And taking the position that they are is probably not so out of the question to be bad faith in any event.

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Answered on 10/28/99, 12:22 am


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