When Should I Talk to the Insurance Company After a Car Accident in Virginia?

Rutter Mills Law Firm

When Should I Talk to the Insurance Company After a Car Accident in Virginia?

Car Accident Info

When you’ve been in an accident, every time you speak with the insurance company can impact your ability to recover the maximum amount of compensation. The car accident lawyers at Rutter Mills handle these situations every day.

Our attorneys can help you navigate the process and take over communications with the insurance company entirely, so you’re not the one taking calls while you’re trying to recover.

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At-a-Glance: When to Talk to the Insurance Company After a Crash

Virginia’s contributory negligence rule means even the smallest admission of fault can keep you from recovering anything, so stick with the facts you know.

  • You’re not required to give a recorded statement to the other driver’s insurance company.
  • Contact your own insurance right away, regardless of what or who caused the crash. Provide only the facts of the accident (date, time, location) and information from the other driver or law enforcement officers.
  • Do not say you are “okay,” “not hurt,” or “sorry” as a result of the accident.
  • Avoid talking about fault or injury severity on your first call to either side.
  • Talk to a qualified attorney before giving any recorded statements.

What Virginia’s Fault Rules Mean

Virginia is a contributory negligence state, which means that if an insurance company can prove you were even 1% responsible for the crash, you might be prevented from recovering any financial compensation at all. In most other states, your compensation is simply reduced by your share of the blame.

Virginia doesn’t work that way.

You might wonder if apologizing after an accident counts as admitting fault. There’s no simple yes or no answer. Since even a small apology could be read as admitting fault, it’s safer to hold back.

Remember: It is often unclear who caused a crash, even to the involved parties, witnesses, or officers at the scene. According to the Virginia Department of Motor Vehicles, over 45% of driver actions recorded after accidents in 2025 were coded as “no improper action.”

Three Deadlines to Remember After a Virginia Car Accident

There are three separate clocks that start ticking when you experience a car crash in Virginia. It’s important to fully understand them, because meeting one doesn’t mean you’ve met the others, and mixing them up is a common and costly mistake.

Clock #1: The Police Report

How much time you have: 

Report the accident immediately, especially if anyone is seriously injured or killed.

What it means: 

As long as you are able, you need to call 911 if anyone is hurt. There is no grace period.

Clock #2: Your Insurer

How much time you have: 

This depends on your policy. The norm is around 30 days, but sooner is usually safer.

What it means: 

You don’t have to call as soon as you hang up with 911. Take time to gather your thoughts.

Clock #3: Filing a Lawsuit

How much time you have: 

You have two years to file a lawsuit under Va. Code § 8.01-243 for personal injury.

What it means: 

Don’t delay. The sooner you talk to a lawyer, the stronger your case will be.

What Counts as a Reportable Accident in Virginia?

Virginia Code § 46.2-894 requires you to report any accident involving injury, death, or significant damage to a vehicle or property.

You generally do not need to file a report if you were in a single-vehicle collision that caused minor cosmetic damage and no other property damage. For all other accidents, you are expected to report the accident as soon as you are medically able to do so.

Failing to report can result in criminal charges, ranging from a misdemeanor to a felony, depending on the severity of the accident and the extent of the damage. Regardless, a police report will help if you later pursue compensation for medical bills, lost income, or other losses from the accident.

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Should I Call My Insurer or the Other Driver’s Insurance Company First?

Call your own insurer first. In nearly every case, you’re required to cooperate with your own insurance company, no matter who caused the crash.

You are not required to speak with the other driver’s insurer, and you do not have to give a recorded statement.

Calling your own insurer first also buys you time. It lets you get the required notification out of the way while you still have time to consult an attorney before the other side’s adjuster reaches out.

 

Tell Your Own Insurance CompanyEven If the Crash Wasn’t Your Fault

After you’ve been in an accident, in addition to filing a police report, you should also contact your own insurance company to let them know about the accident.

Notifying your own insurance company matters for two big reasons:

  • First, your policy may include coverage that pays out regardless of fault.
  • Second, if you skip this step, your own insurer may later refuse to back you if the other driver claims you caused the crash.

 

What Do I Need to Tell My Insurer After a Car Accident?

  • The name, address, and phone number of any other drivers and vehicle occupants involved
  • The insurance policy information for any other driver involved in the accident
  • Vehicle make, model, year, and color of the other vehicle(s) involved
  • The agency responding to the accident (whether municipal police, county sheriff, state highway patrol)
  • The date, time, and place of the accident
  • Basic facts like speed, weather, the direction traveled, and who hit whom

Stick to those facts. Avoid guessing about who was at fault or how badly you were hurt, even with your own insurer.

Remember: It is your right to speak to an attorney first or even have them present when you talk to an insurance company.

How to Handle the Other Driver’s Insurance Company

Before speaking with the other driver’s insurance adjuster, know that anything you say can and likely will be used to reduce or deny your claim, even statements that seem harmless. Insurers are trained to ask questions that sound casual but are designed to protect their bottom line, not yours.

 

Wait to Speak to the Other Driver’s Insurance

Insurers can be tricky. The adjuster may ask how you’re doing. But even a simple, “I’m fine” response can be used against you as proof that you are not, in fact, injured. Even if you do feel fine, keep in mind not all injuries show up immediately, and some worsen with time.

 

Do Not Volunteer More Information Than Is Needed

Extraneous statements may be used against you, resulting in a reduction in the value of your claim or refusal of reimbursement altogether.

Remember: The goal of the insurance company is to pay out as little money as possible.

Adjusters do not necessarily have your best interests in mind, no matter how polite and helpful they may seem on the phone. They are still looking for some way to blame you in an effort to reduce their liability.

The purpose of taking a recorded statement is to set in stone your version of events, but recollections can change in the days that follow. It is wise not to make a statement until the dust has settled, you’ve had an opportunity to process what happened, and have spoken with an attorney.

 

What to Say and What Not to Say to the Other Driver’s Insurance Adjuster

Say This: 

  • Facts only: “This is the date, time, and location of the accident.”
  • Defer to the experts: “I’m being checked out by my doctor.” 
  • Don’t feel pressured into an answer: “I need some time to think this over.” 
  • Play it safe: “Can I provide a written statement?” 
  • Know your rights: “I’d like to talk to my attorney first.”

Don’t Say This: 

  • Don’t speculate: “I guess this is how fast I was going. They may have had the right of way.” 
  • Don’t assume: “I’m fine, I feel okay, I’m not hurt.” 
  • Never admit fault or guilt: “I’m sorry this happened; I didn’t see them coming.” 
  • Don’t give in without preparation: “Recording my statement is fine.” 
  • Never accept a first or fast offer: “I’ll take that settlement offer.” 

Do I Have to Give a Recorded Statement to the Other Driver’s Insurer?

No. You’re not required to give the other driver’s insurance company a recorded statement. The requirement is different from that of your own insurer, with whom you do need to cooperate.

However, keep in mind that this doesn’t mean answering every question as soon as it’s asked. With either insurer, you can typically ask to provide a written statement instead of a recorded one.

This gives you time to speak with an attorney and provide accurate details, rather than speaking on the spot and questioning your memory of events in a high-pressure scenario.

 

Questions to Ask When the Other Driver’s Adjuster Calls You

Before you get a call from the other adjuster and feel pressured for a quick response, remember to ask these questions:

  • What is your name and your contact information?
  • What is the claim number?
  • Which insurance company do you represent?
  • What happens during this process, and when will you provide updates?

If you haven’t heard from the other driver’s insurer yet, brush up on what you can expect when an adjuster calls.

 

What Should I Do If My Car Accident Was Minor?

A minor car crash can still have a major impact on your health and your finances.

It might be tempting to treat a fender-bender casually because the DMV data shows that a majority of crashes are minor on paper. But statewide, reported injuries actually rose 15.8% year over year even as total crashes fell 10.4%.

It’s a reminder that injury severity and crash severity don’t always go together. Soft-tissue injuries like whiplash and concussions routinely show up hours or days later.

If you’ve been in what you would consider a minor accident, you should still be checked out by medical providers. You should also still notify your own insurer and avoid discussing fault or accepting a same-day settlement from theirs.

 

How Hampton Roads Insurance Adjusters Typically Operate

Insurers don’t handle every claim the same way. Instead, they develop patterns based on the region and the person on the other end of the line.

Shonda, a former insurance claims adjuster, had this to say:

“When I worked at the insurance company, we had a special team dedicated to Rutter Mills cases. We knew that when we saw that name, we were in for a fight.”

This dynamic isn’t unique to Shonda’s company. Adjusters often pace their offers, push for recorded statements early on, or frame “just a few quick questions” very differently based on the responses of the person on the other end.

In a region as dense with crashes as Hampton Roads (Virginia Beach alone logged nearly 5,000 crashes in 2025), local adjusters see the same handful of firms’ names repeatedly and adjust their approach accordingly.

“We’ve spent more than 65 years going up against insurance companies. We know exactly what they’re trying to do, and we know how to stop them.”

— Brother Rutter, Managing Partner

What to Do After Hanging Up With the Insurance Company

  • Keep copies of anything you send to either insurer, like emails, written statements, or photos.
  • Write down the claim number and the adjuster’s direct contact information the moment you have it.
  • Have a rough sense of the typical timelines so a slow response doesn’t stress you out.
  • Know when it’s reasonable to follow up if you haven’t heard back.

When Should I Call a Car Accident Lawyer?

Always call sooner rather than later, especially if the following is true:

  • The other insurer has asked for a recorded statement
  • You were hurt at all, even if it seems minorsome injuries become more complex over time.
  • Fault is being disputed
  • The insurance company makes a quick offer to settle

For a complete breakdown of when legal representation actually changes the outcome, read up on when you should call a lawyer after a car accident.

Get Insurance Companies Off Your Back and a Rutter Mills Accident Attorney On Your Side

“When going up against large insurance companies, Rutter Mills proved your law firm does matter.”

— Sergio C., Rutter Mills client

You can always count on an experienced car accident lawyer from Rutter Mills for guidance in the days, weeks, and months to come.

It costs nothing upfront to obtain a free case evaluation and file a lawsuit. You only pay a legal fee if we recover a settlement on your behalf.

Schedule your free consultation with a Rutter Mills attorney at (757) 777-7777.

Common Questions After a Virginia Car Accident

Yes. Notifying your own insurer isn’t an admission of fault, but it is a requirement that could impact how and when your benefits pay out, especially if you have uninsured motorist or underinsured motorist (UM/UIM) coverage.

Staying silent with your own insurer can also make it harder for them to back you up down the road if you decide to pursue compensation.

This is exactly what uninsured motorist coverage on your own policy is for. It’s part of the reason that notifying your own insurer promptly is so important, even if you were not at fault.

If the other driver fled the scene, refer to our hit-and-run guide for more details.

Common tactics insurance adjusters may use to reduce a claim include:

  • Pushing for a recorded statement very early in the process
  • Asking casual but loaded questions designed to get an admission of fault
  • Offering a fast settlement before the full extent of injuries or pain and suffering is known
  • Requesting broad access to medical records that goes well beyond the accident itself

Saying the wrong thing, even something small, can cost you your entire claim.

Because Virginia follows contributory negligence, an offhand comment that hints at fault can be used to argue you’re partly to blame, and that alone can bar you from recovering any compensation.

Stick to the facts of the accident and avoid speculation.

If you’ve already said something you’re worried about, don’t call back to fix it yourself. Stop further contact with that adjuster and talk to an attorney instead.

The compensation you receive after a car accident will depend on the facts of your case. These details might include your medical expenses, pain and suffering, lost wages, property damage or vehicle damage, and more.

Accepting an early offer from the other driver’s insurance company also tends to result in a lower amount. But what has the most significant impact on your compensation is whether or not you have a qualified car accident attorney on your side.

As one Rutter Mills client, Christin B., put it:

“They got me a settlement almost ten times the offer from the insurance company.”

A personal injury attorney’s job is to make sure the final number reflects the actual damage rather than the amount the insurer hopes you’ll accept.

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When you’ve been seriously injured, the outcome of your case can affect much more than your medical bills. It can shape your financial security, your family’s future, and your ability to move forward.

At Rutter Mills, we understand what’s at stake. Our attorneys are here to protect your rights, fight for the full compensation you deserve, and help you take the next step with confidence.

Call or text (757) 777-7777 today for a free consultation.

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