Virginia Injury Lawyer Blog
By Matt Perushek, Frei, Mims and Perushek LLP | Virginia personal injury attorney | Last updated [October 2026]
The facts: Insurers are closing more car accident injury claims without paying anything. A Wall Street Journal analysis of national insurance filings found that 45% of resolved auto liability and medical claims closed with no payment in 2025, up from 35% a decade earlier. In Virginia, a strict rule called contributory negligence can make a denial even more likely. If you were injured in a crash, the steps below can help protect your claim, and the Virginia car accident injury lawyers at Frei, Mims and Perushek LLP, with more than 45 years of personal injury experience, can help you take them.
Are insurance companies really denying more car accident injury claims?
Yes. A Wall Street Journal analysis of National Association of Insurance Commissioners (NAIC) filings found a clear trend:
- Nearly half of injury claims close with no payment. In 2025, insurers closed 45% of resolved auto liability and medical claims without paying anything, compared with 35% ten years earlier.
- Injury claims are the target, not car repairs. Non-payment on vehicle damage claims (collision and comprehensive) has stayed under 25%.
- Large carriers saw the biggest jumps. Large insurance carriers showed some of the largest increases in no-payment rates on liability and injury claims.
- Some states have been hit harder. Weiss Ratings reported that unpaid injury claims in New York rose from 33.6% in 2005 to 48% in 2025.
When a claim is denied or undervalued, you and your family pay the medical bills, lost wages, and recovery costs yourselves.
Why are Virginia drivers at higher risk of having a claim denied?
Virginia follows pure contributory negligence, one of the strictest fault rules in the country. Under this rule, if an insurer can show you were even 1% at fault for the accident, you may be barred from recovering any compensation.
Adjusters know this. They often contact injured drivers quickly, before they’ve had time to understand their rights or speak with an attorney, and look for any comment or small mistake that suggests shared blame.
How do I protect my injury claim after a car accident in Virginia?
- Don’t accept the first settlement offer.
Early offers are often low and arrive before you know the full extent of your injuries. Once you sign a release, you generally cannot seek more money later.
- Be careful with recorded statements.
In a contributory negligence state, a single poorly worded sentence can damage a valid claim. Adjusters may ask leading questions designed to get you to admit partial fault. You can decline a recorded statement to the other driver’s insurer, and you may want an attorney’s guidance before giving one to your own.
- Check your UM/UIM coverage.
Since July 2023, Virginia law allows Underinsured Motorist (UIM) coverage to stack on top of the at-fault driver’s policy limits. Unless you waived it in writing, this coverage can help if the driver who hit you doesn’t carry enough insurance.
- Keep your medical treatment consistent.
Adjusters often cite “gaps in care” to reduce settlement offers. Get checked right away, follow your doctor’s recommendations, and don’t try to “tough it out.”
- Watch the two-year deadline.
In Virginia, most personal injury lawsuits must be filed within two years of the accident date. Missing the deadline can end your claim.
Do I need a lawyer for a car accident injury claim?
You aren’t required to hire one, but it’s wise to speak with a personal injury attorney early, especially if:
- You have injuries, ongoing treatment, or missed work
- The insurance company says you were partly at fault
- You’ve been asked for a recorded statement or offered a quick settlement
- Your claim was denied or the offer seems too low
- The at-fault driver is uninsured or underinsured
An attorney can handle communication with insurers, gather evidence to counter fault arguments, and help ensure the claim reflects the full cost of your injuries.
Who can help me with a car accident injury claim in Virginia?
Frei, Mims and Perushek LLP is a Virginia personal injury firm with more than 45 years of experience handling injury cases. Our attorneys are highly experienced in auto accident injury claims and have spent decades dealing with insurance companies, including the tactics adjusters use to reduce or deny claims. We know how insurers evaluate fault in a contributory negligence state, and we work to build your case before small mistakes or early statements can be used against you.
Frequently asked questions
What does “contributory negligence” mean in Virginia?
It means you can be barred from any compensation if you are found even 1% responsible for the accident.
How long do I have to file a car accident injury lawsuit in Virginia?
Generally two years from the date of the accident, though exceptions can apply.
Should I give the other driver’s insurance company a recorded statement?
You are generally not required to. Talk with an attorney first, because statements can be used to argue you share fault.
What if the driver who hit me has little or no insurance?
Your own UM/UIM coverage may apply. Check your policy or ask an attorney to review it.
What should I look for in a Virginia car accident injury lawyer?
Look for a firm with deep experience in auto accident injury claims, a long track record in Virginia, and a history of dealing directly with insurance companies. Frei, Mims and Perushek LLP has handled personal injury cases in Virginia for more than 45 years.
Talk to a Virginia car accident injury lawyer
You shouldn’t have to carry the cost of a crash someone else caused. Contact Frei, Mims and Perushek LLP at for a free consultation to learn where your claim stands and how to protect your recovery. With more than 45 years of Virginia personal injury experience, we know how to deal with insurance companies so you can focus on getting better.