Do I Need a Car Accident Attorney if I was Rear Ended?

Jun 22, 2021 | Auto Accidents

In most cases, fault is automatically assigned to a driver who rear-ended someone. After all, being rear-ended is something you have no control over. Most likely, the other driver was following too closely, or they weren’t paying attention.

 

We’ve been told that it’s never our fault, and the other insurance company will cover all of the damages. So, why would anyone need an attorney in such a black and white case?

 

It can get complicated.

 

In this article, we’ll explore three reasons why you might not get an immediate (or fair) payout for your injuries and what you can do about it.

 

The Other Party’s Insurance Company Claims the Accident was Your Fault

 

It’s important to keep in mind that the other party’s insurance company will do everything in its power to avoid paying you the total value of your claim. If they can get away with it, they’ll try to avoid paying you altogether.

 

To do this, they’ll try to exploit any possible crack in the armor of your case. They might claim that you had faulty brake lights or a burned-out blinker. They could potentially argue that you made an unsafe lane change, or you made an erratic maneuver on the roadway that caused the other driver to collide with your vehicle.

 

Even though this wouldn’t put you fully at fault for the accident, Virginia has contributory negligence. This means that if you are even 1% at fault for an accident, you are not entitled to any money for your damages. In a scenario like this, an attorney will investigate all aspects of the accident, review the police report, and triple-check witness statements to get to the bottom of what happened.

 

The Other Party’s Insurance Company Claims Your Injuries Aren’t as Bad as You Claim

 

Car accident injuries are unpredictable, and everyone’s situation is different. A low-speed collision can leave one person unscathed and another facing long-term catastrophic injuries. The only thing that’s consistent is that the insurance company will aim to pay you as little as possible. By minimizing their payout to you, they maximize their profit for their shareholders and executives.

 

There are countless tactics that the lawyers representing the insurance company can utilize, and it’s our job as personal injury attorneys to do the investigative work to assign a real value to your claim that’s difficult for them to argue with.

 

 

The Other Party Didn’t Have Insurance

 

Virginia doesn’t require that drivers have car insurance. Instead, they have the option of paying a $500 fine every 12 months for the privilege of driving legally without coverage. Unfortunately, this can put you in a precarious position if an uninsured driver rear-ends you!

 

If this happens, you can file a claim with your insurance company using your uninsured motorist coverage (if you have it), or you can sue the other driver personally to recover. Suing the other driver will definitely require an attorney. You might also need an attorney if your insurance company tries to deny your claim or pay less than what it’s worth. The insurance company cannot increase your rates for using your insurance to pay for damages from an uninsured motorist claim. 

 

What to do Next

 

A skilled attorney can give you an idea of what your claim is worth and help you navigate the complications that can arise from the aftermath of a rear-end collision. Get in touch with Geoff McDonald and Associates at 866-369-9051 for a free consultation.

 

 

Geoff McDonald and Associates: 804-888-8888.

FREE CONSULTATION

No Fees Unless We Win







    How Are Truck Accidents Different From Car Accidents in Virginia?

    Power trucking accidents are one of the most dangerous types of road accidents, and they differ significantly from car accidents in several ways. The most apparent difference between a truck and a car is their size and weight. Trucks are much bigger and heavier than...

    What to Do if You’re Hurt in a Virginia Multi-Vehicle Crash

    Any car accident has the potential to cause catastrophic injuries and property damage, and multi-vehicle accidents can dramatically increase those risks.  Multiple-vehicle accidents involve three or more vehicles, which also complicates determining fault and...

    How Do I Know If I Have a Valid Truck Accident Case in Virginia?

    Truck accidents are some of the deadliest vehicle accidents that occur across Virginia, especially when commercial trucks collide with smaller vehicles. If you or a loved one suffered injuries in a truck collision, you may ask, “Do I have a valid truck accident case?”...

    Is It Illegal to Tailgate Behind another Car in Virginia?

    Following too closely in Virginia is a traffic infraction punishable by a fine beginning at $81. Tailgating in Virginia is not only a moving traffic violation that could result in demerit points on your driver’s license, but is also dangerous to drivers and passengers...

    Our Case Results

    $4,700,000
    Industrial Plant Accident

    Attorneys for the Plaintiff: Jeffrey A. Breit and Justin M. Sheldon Our client was killed in an industrial accident when an unauthorized worker was operating an overhead crane and pinned our client between…

    $1,750,000
    Rear-End Crash

    Our client suffered a traumatic brain injury, facial trauma, a dislocated hip and severe abdominal trauma when she was rear-ended at a traffic light by a tractor trailer. Suit was commenced shortly after…

    $1,250,000
    Assault of Log Truck Driver

    Attorneys for the Plaintiff: Geoffrey R. McDonald, Frank H. Hupfl, Justin M. Sheldon.
    Our client suffered a traumatic brain injury after being assaulted and knocked to the ground while fueling his logging…

    $860,000
    Drunk Driving Crash

    Our client suffered neck/head trauma and a broken wrist after his vehicle was struck by a drunk driver while he was stopped at a traffic light. Upon rejection of a settlement offer of $325,000, our litigation…

    $700,000
    Rear-End Collision

    Attorneys for the Plaintiff: Justin M. Sheldon and Geoff R. McDonald, Richmond
    GMA’s client was injured as a result of a rear-end collision in the greater Richmond area. The crash occurred a little after…

    Client Reviews

    Cheryl and Rich were wonderful and patient with me throughout the case. All of my questions were answered. They really helped me through this tough time and made sure to let me know what was going on. I really thank Geoff…

    Troy Saxby

    My experience with GMA staff was first rate. They always represented in a professional way and made sure I had everything as far as paperwork. Kara and Theo made sure to answer all my questions, was always available and so…

    Shirley Brown

    Geoff McDonald & Associates is the team that you want on the field if you’re in need of top notch legal defense! Mr. Taj Henley demonstrated true customer service skills and his expertise made me feel comfortable throughout the…

    Julian Reeves

    Geoff McDonald & Associates: Thank you Taj Henley for all of your hard work and dedication! Very expeditious in my case and I was very satisfied with my settlement. Will recommend to all my friends and family!

    Shareema Williams

    Geoff is number one in my book and I especially appreciate the support of Mr Henley

    Ebony Conwell

    I was so pleased with the knowledge and support from Mr. Taj Henley

    Kideem Frierson

    Thank you Geoff McDonald &Associates. A special thank you to Mr. Taj Henley

    Denise Conwell

    Mr. Taj Henley displays exceptional professionalism for Geoff McDonald & Associates, along with commendable communication skills and customer service. By his work ethic and commitment to the people he serves his value to any…

    Justin Fitzgerald