7 Insurance Company Tactics After Car Accidents In Virginia (And How To Fight Back)
Four weeks after her accident, my client called frustrated.
She'd done everything right. Reported the accident immediately. Got medical treatment. Provided the police report. Answered the adjuster's questions politely.
And then nothing.
Weeks of silence. Her calls went unreturned. Her medical bills were piling up. She couldn't get anyone at the insurance company to tell her when her claim would be resolved.
When someone finally called back, they offered $5,000 for a claim worth at least $30,000.
She asked why so low. The adjuster said: "That's our final offer. Take it or leave it."
This is exactly how insurance companies operate once the friendly initial contact ends. They delay. They lowball. They pressure. They use specific tactics designed to reduce what they pay or deny claims entirely.
After handling car accident cases in Virginia for over a decade, I've seen these tactics hundreds of times. Here's what insurance companies actually do after car accidents in Virginia—and how to fight back.
Tactic #1: Strategic Delays and "We're Still Investigating"
Insurance companies use time as a weapon.
What This Looks Like
Weeks of no response to your calls or emails.
Repeated requests for the same documents you already provided.
Vague explanations like "we're still investigating" or "the claim is under review" with no timeline.
Suddenly urgent deadlines once you've been waiting weeks: "We need this form by Friday or we'll close your claim."
Why They Do This
The longer your claim drags on, the more financial pressure you face:
Medical bills keep arriving
Collection notices start coming
You've missed work and need money
Your car is totaled and you need transportation
Eventually, desperation sets in. You accept whatever they offer just to make it end.
How To Counter This
Document everything. Keep a log of every call, email, and letter. Write down dates, times, names, and what was discussed.
Set deadlines in writing. Send an email: "I'm requesting a status update on my claim by [date]. If I don't hear from you, I'll assume the claim is being handled in bad faith and will pursue appropriate legal action."
File a complaint. Virginia's Bureau of Insurance handles complaints about insurance company conduct. Filing a complaint creates a formal record and often prompts action.
Hire an attorney. Lawyers know how to apply pressure. A demand letter from an attorney with a litigation threat gets responses that your phone calls don't.
Tactic #2: Disputing Clear Liability
Even when fault seems obvious, insurance companies look for ways to blame you.
What This Looks Like
You were rear-ended at a red light. Clear liability, right?
The insurance company argues:
"You stopped short"
"Your brake lights weren't working"
"You were backing up"
"Our insured says you cut them off"
You were T-boned by someone who ran a red light. Clear fault?
They argue:
"You were speeding"
"You had time to stop"
"The light was yellow"
"You failed to avoid the collision"
Why They Do This
In Virginia, even 1% fault eliminates your entire claim.
If they can argue you contributed to the accident in any way—even minimally—your claim is worth zero under contributory negligence.
They don't have to prove you were mostly at fault. Just 1%.
How To Counter This
Gather strong evidence immediately:
Photos from the scene showing positioning, damage, road conditions
Police report documenting what happened
Witness statements from people who saw the crash
Traffic camera or surveillance footage if available
Get expert analysis. Accident reconstruction experts can show that damage patterns, skid marks, and vehicle positioning prove their driver was at fault.
Challenge their version with facts. If they claim your brake light was out, get documentation that it was working. If they claim you were speeding, show you couldn't have been based on impact location.
Don't give them ammunition. Review what you said at the scene and in any statements. Make sure nothing can be twisted into admission of fault.
Tactic #3: Questioning The Severity Of Your Injuries
Insurance companies routinely argue injuries aren't as serious as claimed.
What This Looks Like
"Your injuries are minor." Even when you have documented herniated discs, ongoing pain, and months of treatment.
"These are pre-existing conditions." They dig through your medical history looking for any prior injury or complaint they can blame.
"You're exaggerating for money." They frame you as someone trying to inflate a claim rather than a legitimately injured person.
"The crash wasn't severe enough to cause these injuries." They argue that based on vehicle damage, you couldn't possibly be hurt this badly.
"You have gaps in treatment." If you missed appointments or delayed care, they argue you must not really be injured.
Why They Do This
If they can minimize your injuries, they minimize what they have to pay.
They're betting you'll get tired of fighting and accept less rather than prove the full extent of your harm.
How To Counter This
Consistent medical treatment from day one. See a doctor immediately after the accident. Follow all treatment recommendations. Attend every appointment.
Detailed documentation of symptoms. Keep a daily log of pain levels, limitations, activities you can't do, medications, and how injuries affect your life.
Medical experts who explain causation. Your doctors should clearly document that your injuries are consistent with the accident and wouldn't exist but for the crash.
Don't post on social media. One photo of you smiling at a family event will be used to argue you're not really hurt, even if you were in pain the entire time.
Address gaps immediately. If you missed appointments due to cost, transportation, or work obligations, document why. Have your attorney explain these gaps aren't evidence of minor injuries—they're evidence of real-life obstacles injured people face.
Tactic #4: Lowball Settlement Offers
First offers are almost always insultingly low.
What This Looks Like
You have $25,000 in medical bills. The insurance company offers $15,000.
You missed two months of work. They offer one week of lost wages.
You had surgery and ongoing pain. They offer the cost of the ER visit and nothing more.
When you ask how they calculated the offer, they say: "That's what the claim is worth" with no explanation.
Why They Do This
They're testing you. Do you know what your case is worth? Will you accept less out of ignorance or desperation?
They know most people will negotiate. The first offer is never the final offer. They expect you to counter. They're anchoring the negotiation low so even the "compromise" saves them money.
They're banking on your financial pressure. If you need money now, you might accept a bad offer just to get something.
Real Example
Last month I had a client with $16,000 in medical bills. Progressive offered $20,000 when they had $30,000 in policy limits available.
I asked the adjuster how they justified offering less than the medical bills when they had plenty of coverage. He said: "Yeah, you're not the first attorney who's told me Progressive's offer is well below what you'll get in court."
He admitted their offer was unreasonably low. They were just hoping she'd take it.
How To Counter This
Never accept the first offer without evaluation. Talk to a personal injury attorney about what your case is actually worth.
Counter with detailed evidence. Submit a demand package with:
Complete medical records and bills
Wage loss documentation
Expert opinions on future medical needs
Comparable settlement values from similar cases
Clear calculation of damages
Be prepared to file a lawsuit. Insurance companies offer more when they know you're serious about going to court if necessary.
Don't let them rush you. They might say "this offer expires Friday." That's pressure, not reality. Take the time you need to make an informed decision.
Tactic #5: Using Your Own Words Against You
Anything you said—at the scene, to the adjuster, on social media—will be used to reduce your claim.
What This Looks Like
You said "I'm okay" at the scene. Now you're in physical therapy, and they argue you weren't really injured because you said you were fine.
You said "I wasn't paying attention." Now they're arguing contributory negligence eliminates your claim entirely.
You posted a photo at your kid's soccer game. Now they're arguing you can't be that injured if you're out coaching soccer—ignoring that you sat in a chair the whole time and left after one inning because your back hurt.
You said "maybe I was going 50." Now they're arguing you were speeding in a 45 mph zone and share fault.
Why They Do This
Your own statements are the strongest evidence against you. You can't claim the insurance company is lying when they're quoting your exact words.
How To Counter This
Clarify context immediately. If you said "I'm okay" while in shock at the scene, have your attorney explain that statement doesn't reflect your actual medical condition, which became clear in the hours and days after.
Provide complete picture. If they're using one social media post, show the full context: you were sitting, you left early, you paid for it the next day.
Expert testimony. Medical experts can explain why someone might feel "okay" immediately after a crash due to adrenaline, then develop serious symptoms later.
Admit the mistake, move forward. If you said something damaging, your attorney should acknowledge it but explain why it doesn't change the underlying facts: you were injured, the other driver was at fault, you're entitled to compensation.
This is exactly why legal help matters. Once damaging statements exist, you need someone who knows how to minimize their impact.
Tactic #6: Pressuring You To Settle Before Treatment Is Complete
Insurance companies want you to settle fast—before you understand the full extent of your injuries.
What This Looks Like
Quick settlement offers within days or weeks of the accident.
Pressure tactics: "This offer expires soon" or "If you don't accept now, we'll withdraw it."
Emphasizing how fast you'll get money: "Sign today and we'll have a check to you within the week."
Downplaying future complications: "You're young, you'll heal fine. Take the money now."
Why They Do This
Once you sign a release, you can't come back for more money. Even if:
Your injuries are worse than you thought
You need surgery
You develop complications
You have permanent limitations
Future medical bills exceed what they paid
The case is closed forever.
How To Counter This
Do not settle until you've reached maximum medical improvement. Your doctor should tell you when your condition has stabilized and the full extent of your injuries is clear.
Get expert opinions on future needs. Will you need surgery later? Ongoing treatment? Modifications to your home or vehicle? These costs should be included in settlement.
Ignore artificial deadlines. "Offer expires Friday" is a pressure tactic. Insurance companies can't unilaterally set deadlines for you to accept or reject offers.
Calculate lifetime costs, not just current bills. A herniated disc that requires surgery in five years should be compensated now, not after settlement when they owe you nothing.
Have an attorney review any offer. Before you sign anything, talk to a lawyer about whether the settlement adequately covers your damages.
Tactic #7: Exploiting Coverage Gaps and Confusion
Insurance companies know most people don't understand their own coverage or the other driver's policy limits.
What This Looks Like
They offer policy limits without telling you. "We're offering $25,000." What they don't say: that's the full policy limit. There's no more money available. But they're betting you'll negotiate down from there, letting them keep some of their policyholder's coverage unused.
They don't mention available coverage. The at-fault driver has $25,000 in liability coverage. You have $100,000 in underinsured motorist coverage. They settle the liability claim for $25,000 and never mention you can claim the additional $75,000 from your own policy.
They use confusing policy language. They deny your MedPay claim with vague references to policy exclusions you don't understand.
They claim you waived coverage you didn't waive. "Our records show you declined UM/UIM coverage." You have no memory of that, but they produce a form with a signature you don't remember signing years ago.
Why They Do This
Confusion saves them money. If you don't know what coverage exists, you can't claim it. If you don't understand your rights, you can't enforce them.
Most people trust the insurance company to tell them what they're entitled to. But the insurance company's job is to protect their money, not to maximize your recovery.
Real Example
Last year I had a client hit by someone with minimum coverage ($25,000). Her medical bills alone were $40,000.
She thought the case was over. The at-fault driver's insurance paid their $25,000 limit. Done.
We reviewed her own auto policy. She had $100,000 in underinsured motorist coverage she didn't know existed.
We made a UM claim against her own insurance for the difference. She ultimately recovered $85,000 total instead of $25,000.
Her own insurance company never told her that coverage existed. They were hoping she'd just accept the $25,000 and walk away, leaving $60,000 of her own coverage on the table.
How To Counter This
Get a complete copy of all relevant insurance policies:
The at-fault driver's policy
Your own auto insurance policy
Any umbrella policies
Health insurance that might cover accident-related care
Have an attorney review coverage. Insurance policies are written in confusing legal language. Lawyers can identify what coverage actually exists and what you're entitled to claim.
Ask direct questions in writing:
"What are the full policy limits available?"
"Is this offer the policy limit or is additional coverage available?"
"Does my own policy have UM/UIM coverage that applies?"
"What other sources of recovery exist?"
Don't rely on verbal explanations. Get everything in writing. If they say coverage doesn't exist, make them explain why in a letter you can show to an attorney.
File claims under all available coverage. Don't assume one settlement ends your case. There may be multiple insurance policies that apply.
Virginia-Specific Insurance Weapons
Insurance companies use Virginia's unique laws to their advantage.
Contributory Negligence Is Their Favorite Weapon
Virginia is one of only four states with pure contributory negligence. If you're even 1% at fault, you recover nothing.
Insurance companies aggressively look for any evidence you contributed:
You were going 5 mph over the speed limit
You changed lanes without signaling
Your brake light was out
You looked at your GPS
You failed to avoid the collision
They don't have to prove you caused the accident. They just have to prove you contributed 1%.
Counter: Strong evidence establishing clear fault against their driver with zero contribution from you. This is where expert witnesses and thorough investigation matter.
Low Minimum Coverage Creates UM/UIM Complications
Virginia's minimum liability requirements ($25,000 per person) are far too low for serious injuries.
When the at-fault driver has minimum coverage and your damages exceed that amount, you need your own underinsured motorist coverage.
The complication: Now you're making a claim against your own insurance company. They stop being "your" insurance and become just another party with financial incentives to deny or reduce your claim.
They'll use all the same tactics:
Questioning injury severity
Disputing causation
Offering lowball settlements
Delaying the process
Counter: Treat UM/UIM claims as adversarial from the beginning. Get an attorney. Don't assume your own insurance company will treat you fairly just because you've paid premiums for years.
Bad Faith Insurance Practices
Virginia law requires insurance companies to handle claims in good faith. When they don't, it's called bad faith.
Examples of bad faith:
Unreasonable delays without investigation
Denying valid claims without proper basis
Failing to investigate thoroughly
Misrepresenting policy language
Offering unreasonably low settlements when liability and damages are clear
If your insurance company is engaging in bad faith practices, you may have legal claims against them beyond the underlying car accident case.
This requires experienced legal help. Bad faith claims are complex and involve different legal standards than injury claims.
When You Absolutely Need An Attorney
Some situations require legal representation:
The insurance company denied your claim and you know it's valid.
You're being offered far less than your claim is worth and they won't negotiate reasonably.
The insurance company is using delay tactics and you've been waiting months with no resolution.
Liability is being disputed and they're trying to use contributory negligence to eliminate your claim.
You're making a UM/UIM claim against your own insurance company.
Your injuries are serious with significant medical bills, surgery, or permanent limitations.
The insurance company is pressuring you to settle before your treatment is complete.
You've already made mistakes (gave damaging statements, posted on social media, missed treatment) and need someone to minimize the damage.
You just feel like something's wrong with how they're handling your claim. Trust your instincts.
What Happens When You Hire An Attorney
Once you retain a personal injury lawyer:
All communication goes through your attorney. Insurance companies contact your lawyer. You stop talking to adjusters entirely.
Your attorney investigates thoroughly. Police reports, medical records, witness statements, expert opinions, policy reviews—everything needed to build leverage.
Your attorney counters their tactics with evidence. Every delay tactic, liability dispute, and lowball offer gets met with documented evidence and legal arguments.
Insurance companies take you seriously. They know your attorney understands what the case is worth, will file a lawsuit if necessary, and can take it to trial.
You get honest advice. Your lawyer tells you what settlement offers are actually worth and whether continuing to fight makes sense for your specific situation.
Most personal injury attorneys (including us) work on contingency—you don't pay unless you recover compensation.
The Bottom Line
Insurance companies are businesses. Their job is to make money. Paying less on claims means higher profits.
That doesn't make them evil. It makes them predictable.
They will:
Delay as long as possible
Look for any way to deny or reduce your claim
Use your own words and actions against you
Offer far less than your case is worth
Exploit your lack of knowledge about coverage and rights
Pressure you into settling before you understand your injuries
You fight back by:
Documenting everything
Understanding their tactics
Not accepting first offers
Following medical treatment consistently
Getting legal help before mistakes become permanent damage
Being willing to file a lawsuit if they won't negotiate fairly
Most people I work with aren't trying to get rich. They just want medical bills paid, lost wages covered, and fair compensation for harm they didn't cause.
Insurance companies are counting on you accepting less because you don't want to fight, don't want to seem greedy, or don't know what you're entitled to.
Don't let them win by default.
Next Steps
If you're dealing with insurance company delays, denials, lowball offers, or tactics that feel wrong, we can help.
At Valor Injury Law, we've represented car accident victims throughout Northern Virginia, DC, and Maryland for over a decade. We know exactly how insurance companies operate, and we know how to counter every tactic they use.
📞 Call (703) 828-0051 for a free consultation
We'll review:
What the insurance company has done so far
Whether their offer is remotely fair
What tactics they're using and how to counter them
What your case is actually worth
Whether you need legal representation to level the playing field
No pressure. No legal jargon. Just honest answers about what you're dealing with and what your options are.
Valor Injury Law represents car accident victims throughout Northern Virginia, DC, and Maryland. We focus exclusively on personal injury cases and have spent over a decade fighting insurance company tactics designed to deny or reduce legitimate claims.
Disclaimer: This post is for general information only and does not constitute legal advice. Every case is different, and outcomes depend on specific facts and circumstances. Past results do not guarantee future outcomes.