In Virginia, you must prove that the other driver's negligence caused the accident and the injuries that you sustained in the accident. Negligence is the legal term for careless behavior that causes an accident. For example, a person is negligent if they fail to stop at a stop light and as a result hit your car.
There are really 2 main issues:
- Was the other driver solely responsible for the wreck?
- Did the wreck cause all of your injuries?
Just because you were in a wreck, the other driver was given a ticket, and you were injured DOES NOT mean that you are automatically entitled to be compensated for your injuries and medical expense. Often the at-fault driver's insurance company will admit that their insured driver caused the wreck, pay for the damages to your car, and then refuse to pay for your medical expenses and compensate you for your injuries.
The insurance company is absolutely permitted to do this. YOU MUST PROVE THAT YOUR INJURIES WERE INDEED CAUSED BY THE WRECK, AND THAT YOUR MEDICAL TREATMENT WAS MADE NECESSARY BY THOSE SAME INJURIES.