Car Accidents



Car accident claims can be tricky. So many factors go into car accidents, and details that can determine a party’s liability for the accident can often go undocumented. Things can get especially complicated if the only individuals pointing fingers are the ones who were involved in the accident. Luckily, our Virginia Beach car accident lawyers have helped people hold negligent parties responsible since 1973 and have successfully recovered millions for our clients so they can treat their personal injuries without fear or stress. We can help you gather the evidence you need and build a strong case so you can have the justice you deserve for your injuries.

For reliable support, call Huffman & Huffman Brothers-in-Law, P.L.L.C., a family-owned law firm at (757) 599-6050, or contact us online.


In its annual Virginia Traffic Crash Facts report for 2019, the Department of Motor Vehicles’ Virginia Highway Safety Office revealed that there were 128,172 motor vehicle crashes in Virginia, which all resulted in 827 deaths. (2020 data is not yet available due to the time it takes to collect and process crash statistics.)

The report revealed that in Virginia Beach specifically there were:

  • 5,992 crashes
  • 3,160 injuries
  • 22 deaths

Of the accidents in Virginia Beach, 361 were alcohol-related, leading to 220 injuries and 7 deaths. An additional 732 accidents were speed-related, resulting in 470 injuries and 14 deaths. These alarming statistics reveal the dangerous and deadly nature of Virginia Beach’s highways and roads.


Car accidents are one of the leading causes of personal injuries in the United States, giving that so many Americans drive on the road every day, especially to and from work. They can occur at any time, due to a variety of factors, and can thus result in a variety of injuries.

We’ve helped clients who have suffered from the following car accident injuries:

  • Cuts, abrasions, and bruises
  • Fractures and sprains
  • Broken bones
  • Amputations
  • Burns
  • Head and brain trauma
  • Spinal cord injuries
  • Whiplash
  • Neck injuries
  • Emotional trauma

Unfortunately, for most clients, their personal injuries aren’t the end of their suffering. The injuries themselves can accrue costly expenses that you may not be prepared to pay for, given the fact that most Americans don’t ever prepare to be injured. We believe you deserve to seek justice for your pain and suffering, and can achieve compensation from the party responsible.

Common causes of car accidents:

  • Drunk driving
  • Distracted driving
  • Speeding
  • Inclement weather
  • Inexperienced drivers

Damages we’ve helped clients recover include:

  • Medical bills
  • Lost wages from work
  • Property damage
  • Pain and suffering
  • Mental anguish
  • Future rehabilitative therapy costs

We can’t do anything to have prevented your accident in the first place, but we can help clean up the mess and send you on your way to a full recovery.


If your car was damaged or totaled in the accident, you have several options for recouping your losses. Because Virginia is a fault state, meaning the person found to be at fault for the accident is responsible for paying damages, you can file a claim against the other driver for vehicle repairs. If the other person’s insurance company accepts liability, it will pay for the cost of repairs up to the at-fault party’s policy limit. In Virginia, all licensed drivers must carry at least $20,000 in property damage coverage as part of their liability insurance policy. If the insurance company determines that your vehicle is a total loss (“totaled”) they should offer you the fair market value of your vehicle.

However, the other person’s insurance company may dispute your claim. If this is the case, you can file a lawsuit in order to recoup your losses. Additionally, if the at-fault party is uninsured or underinsured, you may be able to file a claim for vehicle repairs with your own insurance company if you have the right auto insurance coverage.


Accidents can be traumatic, and the last thing you want to go through while you’re trying to recover is figure out the complicated legal system on your own. That’s why you have us. Our lawyers have more than 150 years of legal experience in personal injury cases between them and can use our knowledge and resources to build a strong case through the claims process.

We can help with the claims process by:

  • Having years of experience with settlement and the negotiation process
  • Determining car accident settlement factors
  • Negotiating with insurance companies
  • Drafting formal demand letters

From the start of your case, we can also help by making sure all evidence has been collected in order to lend support to your case, including the license plate numbers of all involved, photographic evidence of property damage and damage to vehicles, eyewitness testimonies at the scene, doctors’ notes, and more.

We also understand that your injuries may accrue serious expenses and that you may be in dire financial need. That’s why we aim to make the process affordable. We won’t be compensated until you win the compensation you deserve. We’re confident in our legal team and won’t charge you for attorney fees until after your case has closed. That way, you can focus on healing while we focus on helping you win.

Don’t wait to hire a team to get started on your case. Call our Virginia Beach car accident lawyers at (757) 599-6050.


Should you hire a car accident lawyer for your case?

Unless you like dealing with stubborn auto insurance companies on your own while you are trying to recuperate from your injuries, you should be calling a car accident attorney to help you. One of the few times you probably do not need a lawyer is little damage or injuries were experienced and the total value of expenses will be low. Still, you can always consult with an attorney to gain some confidence in your decision.

Does hiring a car accident lawyer cost a lot of money?

Not if you choose Huffman & Huffman Brothers-in-Law, P.L.L.C.! We offer contingency fee agreements for car accident cases. Under this type of payment agreement, our attorney fees are only paid if we win your case through a successful settlement or verdict. If we do win, then we are paid a percentage of the total award, which will have been agreed upon well in advance.

What sort of compensation could you get in your car accident claim?

There is no 100% accurate way to set your expectations regarding compensation obtained through a car accident claim. Various factors will change the value of your claim, and the biggest roadblock will likely be the other driver trying to blame you for the crash. Additionally, your maximum recovery will be limited by the caps on related insurance policies. If the other driver has no insurance, then your recovery could be dramatically stunted. Oppositely, if you were hit by a commercial vehicle, then you could have a chance at recovering the most compensation possible because trucking companies and the like usually purchase insurance policies with significant caps to protect their bottom line.

Can you get compensation if you partially caused your car accident?

Unfortunately, Virginia is one of a few states that used pure contributory negligence rules. If you are found even 1% liable for the crash, then you will be blocked from demanding compensation from the other drivers involved. For this reason, it is all the more important to work with a lawyer who can prove you were not liable at all.

What happens if I am found partially at fault for the crash?

Because Virginia is one of the few places in the United States to still follow the rule of contributory negligence, being found even 1% at fault for an accident bars you from filing a claim and recovering compensation for your damages. If the insurance company argues that you were partially at fault, it is important that you fight back. If the court agrees with the insurance company, you will not be able to obtain any compensation for your medical bills, lost wages, pain and suffering, or other accident-related losses.Our Virginia Beach car accident attorneys can fight for you if the insurance company is disputing your claim. Whether they have determined you were partially at fault for the accident or are questioning the validity, nature, or severity of your injuries, our attorneys know how to build evidence-based claims using the facts of the case. We are even ready to represent you at trial if necessary.

Can I still file a claim if the driver who hit me didn’t have car insurance?

If you are involved in an accident with someone who does not have car insurance, you may still be able to recover compensation through your own auto insurance provider. Virginia requires all drivers to carry uninsured motorist (UM) coverage, which specifically protects you in the event you are injured by an uninsured driver. UM limits for Virginia include $25,000/$50,000 in bodily injury coverage per person/accident and $20,000 in property damage per accident with a $200 deductible.Additionally, Virginia requires drivers to carry underinsured motorist (UIM) coverage, as well. This coverage kicks in when the person who caused the accident is insured but does not have enough insurance to cover the cost of your damages. This is often the case when an accident victim’s damages exceed the minimum liability coverage amounts of $25,000/$50,000 in bodily injury per person/accident and $20,000 in property damage.

Do I need to report the accident to my own insurance company?

If you are involved in a motor vehicle accident in Virginia that results in bodily injury, death, and/or property damage (including damage to a vehicle), you are required to report the incident to the police within 24 hours. You will also likely need to report the accident to your insurance company. Most insurance providers include information on when you must report accidents in their policies; it’s a good idea to check your insurance policy to determine how long you have to report the accident. In any case, it is always a good idea to notify your auto insurance company of an accident as soon as possible.

How long do I have to file a car accident claim in Virginia?

As with other types of personal injury claims, you only have a certain amount of time to file your car accident claim. This is known as the statute of limitations and, in Virginia, it is typically two years from the date of the accident. For cases involving wrongful death, the clock starts on the date of death, not necessarily the date of the accident. Additionally, if you wish to bring a claim for property damage after a car accident in Virginia, you must do so within five years of the accident. If you fail to bring a claim within the specified time limit, you will almost assuredly be barred from seeking damages.

How is pain and suffering calculated?

“Pain and suffering” are some of the trickiest things to calculate in a car accident case, as there is no set dollar value for these types of losses. In most cases, pain and suffering is calculated based on historical precedent, meaning the value of pain and suffering calculated in the past for similar accidents/injuries. Other factors are also heavily considered when calculating pain and suffering. These may include the recommendations of legal professionals, the nature and severity of the victim’s injuries, the impact of the victim’s injuries on their overall life and well-being, and more.In the simplest terms, the more serious your injuries, the more serious your pain and suffering are considered to be. For example, the court will likely rule that a person who suffers a broken arm and concussion but makes a full recovery in a matter of months has experienced significantly less pain and suffering than someone who sustains a severe spinal cord injury, resulting in permanent total paralysis. Huffman & Huffman Law Firm is dedicated to serving clients in a wide range of legal matters in the areas we serve.

Does Virginia require collision insurance?

No, Virginia does not require collision insurance as part of its minimum insurance requirements for drivers. However, collision insurance is often recommended as it helps cover the costs of repairing or replacing your vehicle if it’s damaged in a collision, regardless of fault. While collision insurance is not mandatory, drivers in Virginia must have liability insurance coverage to legally operate a vehicle on the road.

What would happen if someone without liability insurance hits you?

If someone without liability insurance hits you in Virginia, it can complicate matters regarding compensation for damages. In such cases, you may need to rely on your own uninsured motorist coverage if you have it. Uninsured motorist coverage helps cover your medical expenses and property damage if you’re involved in an accident caused by an uninsured driver. Alternatively, you may need to pursue legal action against the uninsured driver personally to recover damages, though this can be challenging if they lack sufficient assets to cover your losses. It’s essential to consult with a Virginia Beach personal injury attorney to explore your options for seeking compensation in such situations.

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