Every week, people who have been injured in car accidents call our office frustrated with an adjuster who won't return calls, won't explain a lowball offer, or seems to be running out the clock hoping the injured person just gives up. This happens constantly, and it's not by accident. Insurance companies are businesses, and every dollar they don't pay out stays on their books. Understanding how these tactics work, and what your rights actually are under Virginia law, puts you back in control of a process that can otherwise feel completely one-sided.
Below are the issues we hear about most often, along with what Virginia law says about each one.
Who Pays My Medical Bills After a Crash?
This question comes up in almost every case. If you were hurt because another driver was careless, the at-fault driver's insurance company is ultimately responsible for your medical expenses connected to the wreck. The catch is timing. That insurer typically won't cut a check for your medical bills until your case settles or resolves at trial, which can leave people juggling health insurance, MedPay coverage on their own auto policy, and mounting bills in the meantime.
Virginia follows what's called the collateral source rule, and it works strongly in favor of injured people. Under this rule, the fact that your health insurance or Medicare paid part of your medical bills cannot be used by the at-fault driver's insurance company to reduce what they owe you. You're entitled to present the full, original billed amount, not just the discounted amount your insurer actually paid.
Virginia Code § 8.01-27.5 requires in-network medical providers to submit your bills to your health insurer for payment, so long as you give them your insurance information within the required timeframe. Getting this done early keeps your bills from piling up uncollected while your claim moves forward.
Medical Authorization Forms: Read Before You Sign
It's common for an adjuster to send a stack of paperwork almost immediately after a crash, and buried in there is usually a broad medical records release. These forms can give the insurance company permission to call your doctors directly and dig through your entire medical history, not just records related to the crash.
You do need to provide relevant medical documentation to support your claim. But the scope of what you sign matters. A release that's too broad can open the door to an adjuster combing through old, unrelated health issues looking for something to use against you. Before signing anything an adjuster sends, make sure a Virginia Beach car accident attorney reviews it who understands what should and shouldn't be included.
Getting Paid for Missed Work
Lost wages are one of the most contested parts of any injury claim, and adjusters often give vague or evasive answers about what's actually covered. Under Virginia law, if you lost income because you were unable to work due to injuries someone else caused, that lost income is recoverable, and it's calculated based on your gross pay, not your take-home pay.
Virginia Code § 8.01-35 makes clear that your damages for lost income cannot be reduced just because your employer kept paying you while you recovered, or because you had short-term disability coverage that kicked in. The at-fault party doesn't get credit for benefits you or your employer already provided.
Wage claims get more complicated for people who work on commission, earn tips, work overtime, or have irregular schedules. In those situations, it sometimes takes documentation from a vocational expert to establish what you actually would have earned had the crash not happened.
When Your Car Gets Totaled
Property damage disputes are their own frustrating category, separate from your injury claim but often handled by the same insurance company at the same time. If your vehicle is declared a total loss, meaning the cost to repair it exceeds a certain percentage of its value, the insurer is required to pay you the vehicle's actual retail value at the time of the crash, not some discounted trade-in figure.
If repairs are possible instead, Virginia regulations require that:
- Repairs restore the vehicle to its pre-crash condition
- Appraisals be based on an actual inspection of the vehicle, not guesswork
- New parts be used where appropriate, rather than lower quality aftermarket substitutes
Insurance companies that consistently lowball vehicle values, delay appraisals, or refuse to explain how they calculated a settlement offer may be violating Virginia's unfair claims settlement practices law.
We help clients push back when a property damage offer doesn't reflect the real value of their vehicle, as a courtesy tied to the injury case we're handling for them.
Why These Tactics Happen
None of this is really about any one adjuster being difficult. Claims adjusters are often juggling large caseloads and are trained to close files for as little as the company can justify. Delay, confusion, and paperwork fatigue work in the insurer's favor because a certain percentage of people simply stop pushing.
Knowing the rules stacked in your favor, particularly Virginia's collateral source rule and its claims handling regulations, changes that dynamic. It's the difference between accepting whatever number comes first and actually getting what the law says you're owed.
What This Looked Like in a Real Case
We saw firsthand how insurers respond when they know a claim is being handled correctly. In one case, a family was rear-ended by a commercial truck driver whose company initially tried to argue he'd suffered a sudden medical emergency behind the wheel, a defense meant to avoid liability altogether. Once we built out the medical, expert, and eyewitness evidence needed to counter that defense, the case resolved through mediation, with a combined settlement totaling $21 million for the most severely injured child, funded partly upfront and partly through a long-term annuity.
Not every case involves numbers like that, but it illustrates the point. Insurance companies test how hard you're willing to push, and they adjust their offers accordingly.
If an insurance adjuster is giving you a hard time on medical bills, wage loss, or a property damage claim, Shapiro, Washburn & Sharp is available to help you sort through it. Contact us at 833-997-1774 for a free consultation, no obligation attached, with offices in Virginia Beach, Portsmouth, Suffolk, Hampton, Norfolk, and Chesapeake. Since 1985, our attorneys have brought more than 100 years of combined experience to personal injury and truck accident claims across Virginia, and every case is handled on a contingency basis, meaning you owe nothing unless we recover for you.
