Legal Question in Traffic Law in Virginia

Re: Insurance company claim against me but not sure about owing it

Under no circumstances would your mother or father be responsible, unless (a) they signed an agreement to be responsible or (b) under rare circumstances the debt is for "necessaries" like food to keep you alive (very limited and very rare).

I believe that they may be able to bring a lawsuit after you turn 18. I don't remember exactly, but I think they have 2 years after you turn 18. As a result, the longer that they wait before actually filng a lawsuit, the greater the chance that they cannot proceed with a lawsuit. In order to file a lawsuit, they would need to serve you at your last known address. If you have moved out of your mother's house, make sure that (a) you can easily be found at your new address (believe it or not, you are better off that way, such as in the phone book, etc.) and (b) you have a clear "paper trail" of where you actually do live. It is possible that they could file a lawsuit at your mother's address, and you could lose by default if you don't know about the court date. You could defeat this by proving that you did not live there and that they could have easily found that out with reasonable inquiry.

Re: Insurance company claim against me but not sure about owing it

� 8.01-243(b) of the Virginia Code allows for a 5 year statue of limitations on claims for damage to property. The fact that you were a minor at the time of the accident would not bar the lawsuit against you now, as you have reached the age of majority.

Even if you were acquitted of the criminal/traffic chrages stemming from the accident, this does not preclude the insurance company from seeking a civil remedy against you. However, it may be an indication that you have defenses against the claim.

Depending on the amount of damages they are seeking, it may be more cost effective to try and settle the matter out of Court with the insurance company than to fight this in court.

I'd advise you to consult with an attorney to see exactly where you stand. An ounce of prevention can be worth a pound of cure.

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