Virginia Complaint regarding Auto Accident (Guest Passenger vs Defendant Driver)

State:
Multi-State
Control #:
US-PI-0290
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample personal injury complaint filed by the guest passenger in a vehicle involved in accident.
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FAQ

The driver of any vehicle involved in an accident in which no person is killed or injured, but in which an unattended vehicle or other unattended property is damaged, shall make a reasonable effort to find the owner or custodian of such property and shall report to the owner or custodian the information which the ...

Injury or Death: A hit and run charge in Virginia resulting in injury or death is a Class 5 felony, punished with up to 10 years in prison, a fine up to $2,500, and driver's license revocation for one year. The DMV will add 6 demerit points to the offender's Virginia driving record.

The driver of any vehicle involved in an accident in which a person is killed or injured or in which an attended vehicle or other attended property is damaged shall immediately stop as close to the scene of the accident as possible without obstructing traffic, as provided in § 46.2-888, and report his name, address, ...

Penalty for violation of §§ 46.2-895 through 46.2-897. Any person convicted of violating the provisions of §§ 46.2-895 through 46.2-897 shall, if such accident results in injury to or the death of any person, be guilty of a Class 6 felony.

§ 46.2-894. Duty of driver to stop, etc., in event of accident involving injury or death or damage to attended property; penalty.

Virginia is, in fact, an at-fault state, which means the driver whose negligence caused your accident is responsible for compensating you. Virginia does not require insurance on every registered vehicle. If the driver who caused your accident is covered, you can request compensation from their insurer.

In these circumstances, representing both would present a conflict of interest. Where, as here, the passenger may raise a claim against her own driver, the representation of one client will be directly adverse to another.

A passenger may be convicted of a Class 1 misdemeanor for failure to make the required reporting in the event of an accident with an attended vehicle that results in any property damage. If the property damage is less than $250 and the damaged property was unattended, the offense is a Class 4 misdemeanor.

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Virginia Complaint regarding Auto Accident (Guest Passenger vs Defendant Driver)