How Does a Personal Injury Lawyer Actually Get Money for You?

After a car accident, most people understand that they're going after an insurance company. What surprises them is learning how many insurance policies might actually apply to their case — including their own — and how much difference that can make to what they walk away with.

I'm Jason Whiting, a personal injury attorney in Roanoke. In the video above, I explain exactly how this works. Below is the full breakdown.

Where the Money Comes From

When you're injured in a car accident caused by someone else, the money to compensate you comes from insurance — not typically from the at-fault driver's personal assets. They have insurance for exactly this reason. Even if you'd prefer the satisfaction of holding that person directly accountable, chasing an individual for money is slow, uncertain, and often fruitless. The insurance system exists to make injured people whole, and that's where we focus.

There are two main categories of insurance that apply in most Virginia car accident cases, and understanding both is essential.

The At-Fault Driver's Liability Insurance

The at-fault driver carries liability insurance — that's the policy that pays when they cause an accident. In Virginia, drivers are required to carry a minimum amount of liability coverage, though the minimums are often insufficient to fully compensate someone with serious injuries.

This is the first source of recovery in most cases, and the one most people expect. What they don't expect is that it's frequently not the only one.

Your Own Underinsured Motorist Coverage — and Why You Should Use It

Here's where I see the most confusion, and it's worth addressing directly because the misconception costs injured people real money.

When I explain that their own underinsured motorist coverage might apply to their case, most clients stop me immediately. The response is almost always some version of: I wasn't at fault. I'm not filing a claim on my own insurance. I don't want my rates to go up.

That's a perfectly reasonable gut reaction. It's also wrong on both counts.

First, your rates cannot go up because you used underinsured motorist coverage in a not-at-fault accident. Virginia law and standard insurance policy language both protect you here. Using coverage you paid for, in a situation where you were not at fault, is not a basis for a rate increase.

Second — and more importantly — you paid for that coverage for exactly this situation. Underinsured motorist coverage exists for cases where the at-fault driver's liability limits are not enough to fully compensate you for your injuries. If your case is worth more than what the at-fault driver's policy will pay, your own underinsured motorist coverage steps in to cover the gap.

In my practice, roughly 75 to 80 percent of clients in car accident cases end up recovering from both the at-fault driver's liability insurance and their own underinsured or uninsured motorist coverage. That's not a coincidence — it reflects the reality that minimum liability limits are often genuinely insufficient for serious injury cases, and the clients who have their own coverage in place are the ones who get fully compensated.

This is why the first thing I ask in every car accident consultation is what insurance you carry on your own vehicle. If you were injured in someone else's car, I want to know what coverage you have on your own car as well — because your own policy may still apply even when you weren't driving.

Uninsured Motorist Coverage

Closely related to underinsured motorist coverage is uninsured motorist coverage, which applies when the at-fault driver has no insurance at all. Virginia has a relatively high rate of uninsured drivers, and if you're hit by one, your own uninsured motorist coverage may be your primary — or only — source of recovery. This is another reason why your own policy deserves careful attention from the first consultation.

First-Party Medical Expense Benefits

There's a third category worth knowing about: first-party medical expense benefits, sometimes called MedPay. These are benefits available under your own auto insurance policy that cover medical expenses regardless of fault. They're not available on every policy, but when they exist they can be an important early source of funds for medical treatment — separate from and in addition to any settlement you ultimately recover.

I cover first-party medical expense benefits in more depth in a separate video, but the key point here is that your own insurance policy deserves a thorough review at the start of every case, not an assumption that it doesn't apply.

What This Means in Practice

The short version is this: when you consult with a personal injury attorney, they should be asking detailed questions about every insurance policy that might apply — not just the at-fault driver's. The difference between a client who knows their own coverage and one who doesn't can be the difference between a full recovery and one that falls significantly short.

At Whiting Injury Law, understanding the full insurance picture is one of the first things I do on every case. It determines the realistic ceiling of recovery before we do anything else, and it shapes the entire strategy from the start.

If you've been injured in a car accident in Roanoke, Salem, Vinton, or anywhere in southwest Virginia, call my office for a free consultation. The conversation is confidential and there's no obligation.

(540) 732-6837 | whitinginjury.com

This article provides general legal information about Virginia law and is not legal advice for any specific situation. Reading it does not create an attorney-client relationship. Insurance policy terms vary — consult an attorney to understand how your specific coverage applies to your situation.

Frequently Asked Questions

Will my insurance rates go up if I use my underinsured motorist coverage after a not-at-fault accident?

No. Using underinsured motorist coverage in a not-at-fault accident is not a basis for a rate increase under Virginia law or standard insurance policy terms. You paid for that coverage specifically to use it in situations like this.

What is underinsured motorist coverage and when does it apply?

Underinsured motorist coverage is a component of your own auto insurance policy that applies when the at-fault driver's liability insurance limits are insufficient to fully compensate you for your injuries. If your case is worth more than what the other driver's policy will pay, your UIM coverage can make up the difference up to your own policy limits.

What is uninsured motorist coverage in Virginia?

Uninsured motorist coverage applies when the at-fault driver has no liability insurance at all. It provides a source of recovery from your own policy when the driver who caused your injuries was uninsured. Virginia has a significant population of uninsured drivers, making this coverage important.

Do I need to be driving my own car for my own insurance to apply?

Not necessarily. Your own auto insurance policy, including underinsured and uninsured motorist coverage, may apply even when you were injured in someone else's vehicle. The specific terms of your policy determine this. This is one reason why an attorney should review your own coverage in addition to the at-fault driver's policy from the very start of your case.

What are first-party medical expense benefits in a Virginia car accident case?

First-party medical expense benefits — sometimes called MedPay — are benefits available under your own auto insurance policy that pay for medical treatment regardless of who was at fault. Not every policy includes them, but when they exist they can provide an important early source of funds for medical care while your injury claim is pending.

Why does a personal injury lawyer ask about my own insurance at the first consultation?

Because your own coverage — underinsured motorist, uninsured motorist, and medical expense benefits — may represent a significant portion of your total potential recovery. An attorney who only looks at the at-fault driver's policy is leaving money on the table. Understanding every policy that might apply is essential to building an accurate picture of what your case is worth.

Talk With a Roanoke Personal Injury Lawyer

If you were injured in a car accident and want to understand what insurance coverage applies to your situation and what your case might be worth, call Whiting Injury Law for a free, confidential consultation. No fees unless we recover for you.

(540) 732-6837 | whitinginjury.com | 3603 Brambleton Ave SW, Roanoke, VA 24018

This article provides general legal information about Virginia law and is not legal advice for any specific situation. Reading it does not create an attorney-client relationship.