When a driver is involved in a car crash caused by another driver, they often make the mistake of contacting either their own insurance company or the insurance company of the at-fault driver immediately. Unfortunately, this seemingly sensible step can seriously damage any injury claim they may later pursue. Insurance carriers — regardless of whose policy it is — are well known for minimizing payouts, shifting blame, or finding technicalities to avoid compensating victims. In recent years, insurers have become increasingly aggressive; consumer reports and industry data show that claim denials and lowball offers have risen significantly as major insurers seek to cut claim costs and protect their profit margins.
The Virginia Beach car accident lawyers at Shapiro, Washburn & Sharp have been helping accident victims for more than three decades and understand how shaken up a car accident victim can be following the crash. The minutes and hours after a collision are frightening, confusing, and stressful — especially when injuries are involved. Many victims are dazed, in pain, or on medication, which makes them especially vulnerable to pressure from insurance adjusters trained to take advantage of this chaos. Insurance companies rely on this vulnerability to obtain statements or commitments from victims before they receive legal advice.
The following are some of the most common tricks that insurance companies will try, along with into why these tactics work and how injured victims can protect themselves. This is why we strongly encourage anyone injured in a Virginia Beach car accident to contact our law firm for a free case evaluation before speaking to insurance adjusters.
One of the oldest and most successful insurance strategies is calling the victim as quickly as possible — sometimes within hours. In fact, internal insurance training materials uncovered in litigation show that early contact increases the chance of securing statements or agreements that limit the insurer’s financial exposure. A victim who is still in pain, medicated, disoriented, or in the emergency room is far less likely to think carefully about what they say. They may also not yet understand the full extent of their injuries — something the insurance company counts on.
Insurance adjusters often frame this early call as a “courtesy” or an attempt to “help you get the process started,” but in reality, the goal is to speak to you before you talk to an attorney. They hope to secure statements that can later be used to dispute your injuries or minimize liability. This is why your first phone call after addressing immediate medical needs should be to an attorney. If your injuries prevent you from making the call, ask a trusted family member or friend to contact a lawyer on your behalf.
Virginia follows one of the strictest negligence laws in the country — pure contributory negligence, meaning that if an insurance company can prove you were even one percent at fault, they may try to deny your claim entirely. Because of this, adjusters are trained to steer conversations in a direction that encourages victims to accept some degree of blame. The adjuster may sound friendly and sympathetic, but they are carefully listening for any statement that could be interpreted as an admission.
They do not need additional details from you; they already have the police report, witness statements, and photographs. What they want is something they can twist— for example, saying, “I didn’t see the car coming,” or “I wish I had reacted faster,” or even “I’m sorry.” These seemingly innocent remarks can be weaponized against you in a contributory negligence state. Your attorney should provide any necessary statements on your behalf to ensure your rights remain protected.
A recorded statement is one of the insurer’s most powerful tools for undermining a claim. Adjusters frequently insist that this is “required” or “standard,” but in most cases, you are not legally obligated to provide one to the at-fault driver’s insurance company. They want the recording because once it exists, they can replay it, dissect it, and compare it to your later statements or medical records in an effort to find inconsistencies. Even minor discrepancies — due to pain, stress, or medication —can be used to argue that you are exaggerating, misremembering, or not credible.
Recorded statements are particularly dangerous when victims have not yet seen a doctor, as adjusters will try to lock you into saying that you “feel okay” or have “no major pain right now.” When injuries develop later—as they often do with soft-tissue injuries, concussions, or spinal issues—the insurer will claim your symptoms are unrelated. Having your Virginia injury attorney handle all communications is the safest and smartest approach.
Insurers frequently use delays in treatment as an excuse to accuse victims of exaggerating or faking injuries. This tactic has become more common in recent years as companies increasingly challenge legitimate medical claims. Research from the Insurance Research Council indicates that insurers are disputing or denying more injury claims now than at any time in the past decade.
The problem is that many serious injuries — such as whiplash, herniated discs, traumatic brain injuries, or internal trauma — do not always appear immediately. Symptoms may emerge gradually over days or weeks. Unfortunately, insurance companies often use this natural delay to argue that the injury occurred elsewhere or is unrelated to the crash.
For this reason, even if you do not believe you have been seriously injured, you should always seek prompt medical attention. A timely medical record creates crucial documentation and protects you from accusations that your injuries are unrelated to the collision.
If you have been injured in an accident, do not try to negotiate with the insurance company yourself. Let one of our dedicated Virginia car accident attorneys work on your behalf to get you the best possible outcome based on the circumstances of your case. We’ll focus on dealing with the insurance company while you focus on your recovery. Our firm will work diligently to get you the damages you deserve, just like the $235,000 insurance settlement we obtained for one client who suffered a concussion, soft tissue injuries to her back and neck, and a laceration to her face when another driver failed to yield the right of way.
Contact our office today to schedule a free case evaluation.
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If you have been injured in a car accident, contact a Virginia car accident attorney to find out what your legal options may be. Call our office today.