Virginia’s fault-based insurance system requires the at-fault driver’s insurer to compensate the injured party after a car accident. However, insurers may attempt to dispute liability or reduce settlement amounts, making it difficult to recover a fair amount. Let’s explore what you need to know about communicating with insurance adjusters to protect your claim.
The Claim Filing Process for Virginia Car Accidents
To protect your case and prevent insurance companies from taking advantage of your situation, our car accident lawyers at Tronfeld, West & Durrett recommend following these crucial steps when filing your claim:
Step 1: Report the Accident
Notify your insurance provider as soon as possible after the accident, even if you weren’t at fault. According to Virginia Code § 46.2-894, you’re legally required to report accidents involving injury, death, or property damage exceeding $1,500.
Prompt reporting helps establish a record of the incident and supports your claim. However, when speaking to your insurer, provide only basic information (such as the date, time, and accident location). Avoid speculating about fault or making statements that could be used against you later.
Step 2: Understanding Your Policy Coverage
Understanding your insurance policy is important because your coverage determines what damages you can claim and how much compensation you can receive. Several types of coverage may apply, including:
- Liability coverage: Pays for the other party’s injuries and property damage if you’re found at fault.
- Uninsured/Underinsured motorist coverage: Protects you when the at-fault driver lacks sufficient insurance or flees the scene.
- Medical payments (MedPay) coverage: Provides immediate coverage for medical expenses, regardless of fault.
Your coverage limits determine the maximum amount your insurer will pay for damages. If your losses exceed these limits, you may need to pursue compensation from the at-fault driver’s insurance or through a personal injury lawsuit.
Step 3: Filing a Claim Against the At-Fault Driver’s Insurance
Virginia law affects how long you have to file a car accident claim, so it’s essential to act quickly to avoid missing deadlines. When filing a claim against the at-fault driver’s insurance, gather strong evidence to support your case, such as:
- Police reports
- Medical records
- Witness statements
- Photos/videos of the accident scene
A well-documented claim strengthens your negotiating position by providing clear evidence of your injuries, property damage, and other losses. At Tronfeld West & Durrett, we can help you gather the necessary documentation, build a strong claim, and protect your rights throughout the claims process.
For answers to your questions, call:
800-321-6741
What Not to Do or Say to an Insurance Adjuster
Insurance adjusters’ primary goal is to minimize payouts and protect the insurer’s interests, so saying the wrong thing during discussions can significantly reduce your claim’s value. To protect your rights, avoid making the following mistakes:
- Admitting fault, even partially: Statements like “I’m sorry” or “I didn’t see the car” can be interpreted as admitting fault, which may harm your claim under Virginia’s contributory negligence rule.
- Providing a recorded statement without legal advice: Insurance companies may request recorded statements early. Without proper guidance, you could unintentionally say something that weakens your claim.
- Accepting an early settlement offer: Quick settlement offers often don’t account for all your damages. Accepting one before fully understanding your injuries and losses may leave you without adequate compensation.
- Signing documents or medical release forms: Insurers sometimes ask claimants to sign documents that give them broad access to medical records. This information can be used to argue your injuries were pre-existing.
Our attorneys can handle communications with insurers on your behalf, ensuring you don’t unintentionally harm your case. We know how to approach these conversations strategically and advocate for the compensation you deserve.
Have You Been Contacted by an Insurance Adjuster After a Virginia Car Accident?
If the at-fault driver’s insurance company contacts you, remain cautious. Avoid engaging in conversations about fault or specifics of the accident. Instead, politely inform the adjuster that you’ll consult with your attorney before discussing the claim further.
Watch for red flags in conversations with adjusters, as they may try to get you to accept a quick settlement or provide unnecessary personal information. Your car accident attorney at Tronfeld West & Durrett can handle communications with insurers and protect your interests.
How Insurance Companies Try to Devalue or Deny Claims
Some of the most frequent tactics insurance companies employ to reduce or deny claims include:
- Disputing liability: Alleging you were at fault under Virginia’s strict contributory negligence rule (Virginia Code § 8.01-58), which bars you from recovering compensation if you’re even 1% at fault.
- Minimizing injury severity: Claiming your injuries are less severe than reported or blaming pre-existing conditions to limit payouts.
- Delaying claim processing: Hoping that frustration or financial hardship will force you to accept a low settlement offer.
Remember that insurance companies want to settle quickly, but accepting an early offer could mean leaving significant compensation on the table. Your injuries may require ongoing treatment, and future medical expenses should be factored into your settlement.
Maximizing Your Insurance Settlement After a Car Accident
There are several ways of maximizing your insurance settlement after a car accident. First, you should seek immediate and thorough medical care to ensure there’s a clear medical record linking your injuries to the accident. This documentation will help prove the extent of your damages and support your compensation claim.
Equally important is maintaining detailed records of all expenses and losses resulting from the accident. This includes medical bills, repair costs, and any lost wages due to your inability to work.
Consulting with an experienced car accident attorney is another crucial step. Legal representation can significantly increase the likelihood of obtaining fair compensation when dealing with insurance companies.
Our personal injury attorneys at Tronfeld West & Durrett are skilled at negotiating with insurers to secure the maximum settlement possible. In cases where an insurer refuses to offer a fair settlement, we’re prepared to take legal action on your behalf. This may involve filing a lawsuit, gathering additional evidence, and presenting a compelling case in court.
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Why You Should Contact a Virginia Car Accident Attorney
We have over 50 years of experience in personal injury law in Virginia, so working with us significantly increases your chances of a favorable outcome. Don’t risk settling for less than you deserve. Schedule a free consultation today to discuss your case.
Call or text 800-321-6741 or complete a Free Case Evaluation form