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Dulaney, Lauer & Thomas

The other driver’s insurance adjuster is claiming that I'm partly responsible for the accident. Therefore, they said that I couldn’t recover compensation. What should I do?

Unlike most states, Virginia has a contributory negligence doctrine which states that if you contributed even slightly to an accident, you may not be able to recover damages.  

However, insurance companies often raise this defense when the facts prove otherwise.  If an adjuster denies your claim on the ground that you were partly responsible, we suggest that you contact an accident lawyer to review all facts of your case and provide the correct assessment. 

You always need to watch what you say to the adjuster, especially if he or she is from the at-fault driver’s insurance company. These individuals are trained well and often look for ways to minimize or deny insurance claims.  The claim of contributory negligence is a very common defense.  

Feel free to contact any of our offices for a free consultation.  We're in position to discuss all facets of contributory negligence or any other defense raised by the insurance company.