The short answer to the first part of that question is “No!”
Insurance companies in Virginia spend millions of dollars to make their agency appear friendly, and their only goal is to help. This is true, but the ones they want to help are their shareholders, not you. They are in business to make money, but not for you.
Before you sign anything, before you even talk to an insurance representative, you need to know your legal rights and how to protect yourself. At Jennifer Porter Law, PLLC, our team of Fairfax personal injury lawyers can handle communications with the insurance company for you, to be sure that your interests are protected. Contact us today at (571) 532-9070 to schedule a consultation. However, if you’re not ready to hire an attorney just yet, here are three things to keep in mind to protect yourself.
Don’t Accept Any Settlement Offer Right Away
Insurance adjusters often will try to get you to accept a settlement offer soon after the accident. You might still be in shock, in pain, worried about your job and your family’s finances. The adjusters know this and will try to take advantage of your predicament. They might tell you, or imply, that this wonderful offer they are making you is only on the table for a short period of time. They will try every trick in the book to pay you as little as possible. And they want you to accept quickly before you have a chance to consult an attorney.
To you, it might seem like a good, or at least an acceptable, offer. You’re out of work, maybe in pain, and the bills are due. Now you have medical bills on top of everything else. So you take the money and sign on the dotted line. Be aware that it will be all they will give you. It is not a down payment; you can’t come back and ask for more later if you find that you need additional medical care or can’t return to your regular job. So, the insurance company pays you $10,000, which does seem like a good deal of money when you’re staring debt in the face. But, as time goes by, your medical bills grow, and you find you now owe $100,000. You will be stuck with the balance.
Find out what your claim is worth before you accept a settlement. You need to know about the care you might need in the future and how your injuries will impact your future earning capacity, at the very least.
Northern Virginia Personal Injury Lawyer
Jennifer Porter
Jennifer Porter has spent more than 25 years representing individuals across Northern Virginia who have suffered life-changing injuries through no fault of their own. With a career that began inside the insurance industry as house counsel for Progressive and other national carriers, she gained invaluable insight into defense strategies and trial tactics. Known for her meticulous preparation and compassionate advocacy, Jennifer combines legal skill with genuine care, guiding clients through every stage of settlement negotiations or litigation with confidence and clarity.
Beyond the courtroom, Jennifer is a committed leader in the Virginia legal community. She has served in multiple roles with the Virginia Trial Lawyers Association and the Fairfax Bar Association, and she has been recognized as a Super Lawyer and awarded the prestigious AV Preeminent Peer Review Rating by Martindale-Hubbell®. Jennifer also balances her professional life with active community involvement as a Girl Scout troop leader, civic volunteer, and proud Navy military spouse and mother of three.
Be Careful What You Say
If the insurance company can trick you into saying something that makes it sound like an admission that you were at fault for causing your injuries, they might find a way to pay nothing. Keep this in mind: Virginia is a contributory negligence jurisdiction. This means that if a court finds your actions contributed to your accident, you cannot receive an award at all.
Consulting a skilled, knowledgeable personal injury attorney can protect you from making any damaging statements and help you discover what your claim is really worth.
Recorded Statements Can Backfire: How Insurers Use Your Words Against You
When you’re involved in a car accident, the other driver’s insurance company might quickly contact you to give a recorded statement. It might seem like a straightforward request, but this is a common tactic where your own words can be used against you to undermine your claim.
During these recordings, adjusters ask questions designed to elicit responses that could minimize your claim. For instance, they might steer the conversation to prompt responses that could suggest fault or admit to uncertainties about the accident details. For example, casual remarks about your actions or feelings, or even offhand apologies, can be interpreted as admissions of liability.
The timing of these requests often coincides with you still processing the event and may not fully understand the extent of your injuries. Discussing your health can be particularly tricky, as initial assessments may not capture the complete picture. Statements like “I’m fine” or “It’s not that serious” made during these recordings can minimize the perceived impact of the incident, potentially leading to lower compensation offers. While Virginia Code § 8.01-417 requires the insurer to provide you or your attorney with a copy or transcription of the recording within 30 days upon request, the content of your statement remains a critical factor in your case.
It is always wise to decline to give a recorded statement until you have consulted with a personal injury lawyer who understands the implications of these interactions. A lawyer can guide you on what information is necessary and safe to share, helping you avoid pitfalls that could compromise your ability to receive fair compensation. Remember, once you’ve given a recorded statement, it can be challenging to retract or amend what was said, which could significantly hinder your ability to secure fair compensation. Therefore, consider carefully whether to speak directly to the insurance company without legal representation.
Be Careful What You Sign
As we noted above, don’t sign anything until you consult an attorney. Remember, their offer is not a downpayment. The insurance company knows you are vulnerable after an accident, and it won’t hesitate to take advantage of this.
An experienced personal injury attorney can assess what your case is really worth, taking into account all aspects of your situation, such as medical expenses, lost wages, and future needs. Also, the attorney often can negotiate with your creditors to arrange for additional time to make payments.
Social Media Can Hurt Your Claim
Insurance companies don’t just rely on what you tell them directly. They also pay close attention to what you share publicly. In today’s digital age, it’s standard practice for insurance adjusters to comb through social media profiles (Facebook, Instagram, X, TikTok, etc.) looking for posts that might weaken a personal injury claim.
They’re watching for any posts, photos, or videos that contradict your reported injuries or downplay how much the accident has impacted your life. Common pitfalls include:
- Contradicting Injuries: If you report that a back injury prevents you from working or enjoying daily life, but later post a photo of yourself hiking, dancing, or even carrying groceries, an adjuster may argue you’re exaggerating your pain.
- Minimizing Impact: A simple status like “Had a great day!” or “Feeling fine” can be taken out of context and used to suggest you aren’t struggling as much as you claim.
- Admitting Fault: Casual comments about the accident, such as “I should have been paying more attention” or even an apology, can be interpreted as admitting fault. This is especially risky in states like Virginia that follow contributory negligence rules.
Because of these risks, the safest approach is to avoid posting on social media until your case is resolved. If you must stay active online, make sure all your accounts are set to the highest privacy settings, and avoid sharing updates, check-ins, or photos about your activities, health, or the accident itself.
| Common Pitfall | Why It’s a Problem | Example Post or Action |
|---|---|---|
| Contradicting Injuries | Makes it look like your injuries are exaggerated or false | Posting a hiking photo while claiming a back injury |
| Minimizing Impact | Suggests the accident hasn’t seriously affected your life | Writing “Feeling great today!” despite ongoing pain |
| Admitting Fault | Can be used as evidence you share blame, reducing or eliminating your compensation | Commenting “I should’ve been more careful” after crash |
We Are Here To Help
Facing an insurance company on your own can be overwhelming. Their adjusters are trained to minimize payouts, and what you say early on can be used against you later. Having legal guidance before speaking directly with the insurer can make a significant difference in protecting your rights and ensuring your claim is taken seriously.
Don’t fall prey to the insurance company. The experienced team at Jennifer Porter Law, PLLC, is ready to assist. If you suffered injuries in Virginia, we can help you find the resources you need and work to recover damages to compensate you and enable you to rebuild your life. For a free consultation, contact Jennifer Porter Law, PLLC at (571) 532-9070.
