This form is a sample answer and defenses filed by the defendant in a personal injury action.
Virginia Answer and Defenses - Motor Vehicle Accident - Long
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Multi-State
Control #:
US-PI-0318
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Word;
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How to fill out Answer And Defenses - Motor Vehicle Accident - Long?
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FAQ
Virginia law provides a two-year statute of limitations on car accident claims. A statute of limitations outlines an injured victim's deadline to file their lawsuit. Failing to file within this time bars you from bringing a lawsuit later.
Settlement Value of Virginia Auto Accident Lawsuits INJURY SEVERITY LEVELSETTLEMENT VALUELEVEL I (minor)$21,000 ? $42,000LEVEL II (moderate)$59,000 ? $160,000LEVEL III (severe)$198,000 ? $525,000
There are three types of limitations in Virginia: Two years for car accident injuries. Five years for property damage. Two years for wrongful death claims.
Affirmative defenses include contributory negligence, the assumption of risk, last clear chance, and failure to report. These defenses can allow someone in the situation to persist so long that it is taken as a norm.
In total, insurance companies typically can take no more than 85 days from the receipt of your claim to deny or settle a claim (15 days to acknowledge receiving the claim, 40 days to accept or deny the claim, and 30 days to pay). In most cases, you can expect your settlement check about 6 weeks after you settle.
§ 46.2-894. Duty of driver to stop, etc., in event of accident involving injury or death or damage to attended property; penalty.
Ing to the Bureau of Insurance of the state of Virginia, insurance companies have 45 days to investigate a car crash claim and come up with a resolution. In special cases, they may prolong this period, but must keep the claimant informed and present reasonable explanations for this delay.