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How Long Do Insurance Companies Have To Settle A Claim In VA?

  • Writer: Bettina Altizer
    Bettina Altizer
  • May 28, 2024
  • 4 min read


If you've been in a car accident in Virginia, you probably wonder how long the insurance company has to settle your claim. Dealing with insurance companies after an accident can be stressful and confusing, especially if you're also trying to recover from injuries. As Virginia car accident lawyers, we’re here to help you understand your legal rights and the timeline for settling insurance claims in our state.


Our team of personal injury attorneys is resourceful, experienced, and knowledgeable regarding your rights. To learn more about how we can help you, call Altizer Law today at 540.345.2000



Your Legal Rights After a Car Accident in Virginia

As an accident victim in Virginia, you can file a claim with the at-fault driver's insurance company to seek compensation for your medical bills, lost wages, pain and suffering, and other losses. You also have the right to hire a personal injury lawyer to represent you when dealing with the insurance company and to file a lawsuit if necessary to protect your rights. An experienced Virginia car accident attorney can assess your case and advise you of the best path forward.


Virginia's Statute of Limitations for Car Accident Claims

Virginia has strict deadlines, known as the statute of limitations, for filing insurance claims and lawsuits after an accident. In most cases, you have two years from the accident date to file a claim or lawsuit against the at-fault driver. You could lose your right to seek compensation entirely if you miss this deadline. That's why it's essential to consult with a personal injury lawyer in Virginia as soon as possible after your accident to ensure your claim is filed correctly and on time.


How Long Do Insurance Companies Have to Settle a Claim in Virginia?

So, how long does an insurance company have to settle your claim once you've filed it? Under Virginia law, insurance companies must adhere to the following timelines:


  • Within 10 working days after receiving your claim, the insurer must acknowledge receipt of the claim.

  • The insurer must notify you of the status of your claim within 30 days of receiving your proof of loss. This can include requesting more information, accepting or rejecting the claim, or explaining why more time is needed. 

  • If the insurer accepts your claim, payment must be made within 15 working days.


In summary, insurance companies in Virginia have 45-60 days to investigate and settle a straightforward claim. However, many factors can extend this timeline, such as:


  • Disputes over who was at fault for the accident

  • Questions about the extent and cause of your injuries

  • Coordination of benefits with your health insurance

  • The involvement of multiple injured parties or insurance companies


An experienced Virginia car accident lawyer can help expedite the claims process and ensure the insurance company treats you fairly. Your attorney can gather evidence of the other driver's fault, document your injuries and losses, and pressure the insurer to settle promptly and fully.


What to Do If the Insurance Company Denies Your Claim or Makes a Low Offer

Unfortunately, insurance companies often look for ways to minimize or deny valid accident claims. A personal injury lawyer in Virginia can fight back if you receive a denial or an unreasonably low settlement offer. Your lawyer can present evidence to rebut the insurer's position, negotiate aggressively for a fair offer, and file a lawsuit to get you the compensation you deserve.


FAQs About Car Accident Claims in Virginia

  1. Do I need a lawyer to handle my car accident claim in Virginia?

While you're not legally required to hire a Virginia car accident attorney, having professional representation can make a significant difference in the outcome of your claim. A seasoned personal injury lawyer will know how to build a strong case, negotiate with insurers, and stand up for your rights.

  1. What if I was partially at fault for my accident? Can I still file a claim in Virginia?

Virginia follows a rule called contributory negligence. Under this rule, accident victims who are found even 1% at fault are barred from recovering any compensation. That's why it's crucial to have a skilled Virginia car accident lawyer who can gather evidence to prove the other driver was entirely at fault.

  1. How much does it cost to hire a car accident lawyer in Virginia?

Most personal injury attorneys in Virginia work on a contingency fee basis. This means you pay no upfront fees; your lawyer only gets paid if they recover your money. Contingency fees align your attorney's interests with yours and enable you to get quality representation regardless of your financial situation.

  1. Will I have to go to court for my Virginia car accident claim?

The vast majority of car accident claims are settled out of court. However, if the insurance company doesn't make a fair offer, your Virginia car accident lawyer may need to file a lawsuit and take your case to trial. A successful trial verdict can often spur insurers to settle for a reasonable amount.

  1. How much is my car accident claim worth in Virginia?

The value of your claim depends on factors like the severity of your injuries, your medical costs, your lost income, any permanent disabilities, and your pain and suffering. A knowledgeable personal injury lawyer can assess your losses and give you an honest appraisal of what your case may be worth.


Work with a Personal Injury Lawyer

If you've been hurt in an accident, don't try to battle the insurance company alone. Get help from a dedicated Virginia car accident attorney who will fight for your rights. Reach out today to discuss your case and learn how a personal injury lawyer can make a difference for you and your family.


Altizer Law has navigated multiple personal injury claims throughout the years and helped our clients win their settlements. Call our team of experienced and results-driven personal injury lawyers today at 540.345.2000 for your free consultation. 

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