Contributory Negligence: A Trap for the Unwary Claimant

Author: William P. Bootwright

Bill Bootwright, Claims Consultant

It’s often been said, and with good reason, that the contributory negligence defense is “an insurance company’s dream” and plaintiff’s “worst nightmare.” Under the common law doctrine of contributory negligence, there is no comparison of fault between the wrongdoer and the injured person. If the injured person is even 1% at fault in a way that significantly contributes to cause the… [ read more ]

The Recorded Statement: A Trap for the Unwary

Attorney Elizabeth M. Allen

Author: Attorney Elizabeth Morrell Allen

You’ve been in an auto accident that wasn’t your fault. Within a few days, an adjuster for the insurance company of the guy who hit you calls on the telephone. The adjuster wants you to give a recorded statement telling her how the accident happened and also asks you to provide some personal information. She says she wants to help you,… [ read more ]

Securing Witness Information After an Accident

Claims Consultant Chris Cloude

Author: Chris Cloude

You are driving to the grocery store taking your time and following your normal route. As you approach an intersection, the stoplight is green and you proceed into the intersection. Out of the corner of your eye you see a flash, and your car is hit on the passenger side.

A few days later, an adjuster calls you from the insurance company for the person that hit you.… [ read more ]

Safety Myth or Reality —Are Teenage Drivers at a Higher Risk for Crashes and Fatalities?

Gayle Bragg

By Gayle Bragg

We frequently hear in the local news about automobile crashes and fatalities involving teenage drivers. Are teenage drivers involved in accidents more than other age groups ? Recently I had the opportunity to study reports from Virginia Commonwealth University Transportation Safety Training Center-Crash Investigative Team. The reports provide a comparison of crash frequencies and causes are examined to explore reasons why and what possible remedial actions can be taken to… [ read more ]

Should You Carry Medical Expense Coverage On Your Policy?

Attorney Kathleen Llewellyn-Duncan

By Attorney Kathleen Llewellyn-Duncan

Medical Expense coverage (sometimes known as Medical Payments) is an optional coverage available on Virginia Automobile Policies. This coverage covers all reasonable and necessary medical expenses for injuries resulting from a motor vehicle collision, or even arising out of the use of a motor vehicle. Medical Payments coverage covers anyone named on the policy (the “named insured”), a spouse, and any relative residing in the household.

What About My Car? How to deal with your car damage after an accident.

What About My Car?

You may or may not have had severe injuries after your unfortunate car or truck accident but WHAT ABOUT YOUR CAR? If your car was damaged and the accident was not your fault, here are some guidelines to help you in dealing with the insurance companies and getting your car repaired.

What is covered?
You are entitled to payment for any damage done to… [ read more ]

What Should I Do At The Scene of a Car or Truck Accident?

Car and truck accidents create confusing and chaotic scenes. Knowing what do to at an accident scene can help protect your rights after the accident. Here are some general guidelines to follow at an accident scene.
Do I have to stop?

Yes. The driver of any vehicle involved in a motor vehicle accident (including car accidents, truck or tractor trailer accidents, or motor cycle accidents) must stop immediately if (1) a person is injured or killed or (2) if an attended vehicle or other attended property is damaged.

Look Out For The Other Guy – Uninsured and Under Insured Motorist Coverage

The economic news is going from bad to worse and we find ourselves looking over our shoulder for what comes next. What comes next could be an out of control car coming into your lane.

There’s not much you can do to prevent a car crash caused by someone else, but there is a lot you can do to protect yourself from the consequences of being hit by an uninsured or underinsured motorist.

The economic downturn… [ read more ]