Accident - red light in VA

[sujith1]

What is the name of your state? VA

I had an accident in which I ran a red light unintentionally. Hit another car - lady in the other car had to be airlifted - but no critical injuries

Officer gave a reckless driving general ticket - What are the implications?

 

[alnorth]

How much liability insurance do you have?

 

[sujith1]

not much - but wht does that have to do with the reckless driving ticket

 

[alnorth]

Dont be surprised to see a huge increase in your insurance premiums, assuming you arent just cancelled. With just state minimum liability, a victim who had to be flown out could blow through your liability limits, so you could get a civil penalty above your insurance.

From a quick bit of research, this isnt a simple traffic ticket, reckless driving is a very serious criminal violation in VA, apparently treated the same as a DUI/DWI. Class 1 misdemeanor, maximum penalty is $2,500 fine, 6 month suspension of your license, 1 year in jail. You need a lawyer and/or a deal with the prosecutor.

 

[ecmst12]

You need to be more specific about what your questions are. Clearly the accident was your fault and you will be responsible for the other vehicle's damage as well as the driver's injuries. VA has pretty high minimums but if her property damage or injuries exceed them, then you could be held personally responsible for the rest.

 

[sujith1]

Dont be surprised to see a huge increase in your insurance premiums, assuming you arent just cancelled. With just state minimum liability, a victim who had to be flown out could blow through your liability limits, so you could get a civil penalty above your insurance.

From a quick bit of research, this isnt a simple traffic ticket, reckless driving is a very serious criminal violation in VA, apparently treated the same as a DUI/DWI. Class 1 misdemeanor, maximum penalty is $2,500 fine, 6 month suspension of your license, 1 year in jail. You need a lawyer and/or a deal with the prosecutor.

I looked it uo. I am already talking to lawyers at this point. Anyone has any recommendations for Loudoun County,VA? Leesburg

The liablity I have is 50K/person, 100K/occurence - But I did not understand what a civil penalty is? Is that something the court will impose or will it come thru a lawsuit filed by the injured

 

[sujith1]

You need to be more specific about what your questions are. Clearly the accident was your fault and you will be responsible for the other vehicle's damage as well as the driver's injuries. VA has pretty high minimums but if her property damage or injuries exceed them, then you could be held personally responsible for the rest.

Ok - what if I dont have any assets to pay the liability - would I receive jail time for that? or will I need to file bankruptcy?

 

[alnorth]

We dont have debtor's prison in America. $50k might be plenty if the injuries arent serious, but if it isnt your looking at a lawsuit, payments to the other driver, garnished wages, bankruptcy, etc. After you get through all of this, you may want to think about buying higher limits next time, it doesnt cost much more.

 

[moburkes]

We dont have debtor's prison in America. $50k might be plenty if the injuries arent serious, but if it isnt your looking at a lawsuit, payments to the other driver, garnished wages, bankruptcy, etc. After you get through all of this, you may want to think about buying higher limits next time, it doesnt cost much more.

I don't think $50k is a lot, since the woman was life flighted. That ride ALONE was expensive.

Civil penalties means that, if there is not enough coverage under your insurance policy, you will be sued personally. This would be a slam dunk that you are at fault. Yes, you can file BK to get rid of the debt. You will also have that BK following you for up to 10 years.

 

[sujith1]

thanks for the information. few other specific questions.

1) Even though I am at fault will I be responsible for the emergency services or just the hospital bills and other related expenditure?
2) If I dont have any assets that will be able to cover the debt then bankruptcy would be the only way out - right?
3) Will my spouse who owns the vehicle be held liable as well and be expected to pay the debt?

 

[alnorth]

If your married and it was her car, your in the same boat together, aside from the reckless driving charge. You will be sued for every single bill that other driver received as a result of the accident, as well as possible time off work, pain and suffering, etc. Your insurance company will defend you on the lawsuit, but if your not able to avoid a judgement above $50,000, youll be stuck with the balance. Youll need to get your own lawyer or talk to the prosecutor for the reckless driving charge.

The bankruptcy laws changed recently, and its not as easy as it once was to discharge debts. If you have any kind of decent income, you could be forced into some kind of payment plan instead of being allowed to go BK.