Recover from your
car accident

Car accidents often leave a mark—physically, emotionally, and financially. But your path to recovery can begin now.

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Car Accident Practice Area

Common Types of Car Accidents

Hit and Run

Drunk or Drugged Driver

Distracted Driving

Rear-End Collision


Accidents with Uninsured or Underinsured Drivers

Road Defects

Car or Mechanical Defects

The Whiting approach to
personal injury law

Jason Whiting Approach Personal Injury

Settlements with insurance companies happen because they want to avoid the risk of a bigger verdict in court.

Even if the plan is to settle out of court, approaching the claim or case by considering what might happen in court has great value. Evaluating your case this way means seeing the facts and circumstances through the lens of seven jurors listening to the evidence. 

Because of Jason Whiting’s experience as an insurance claims adjuster and defense attorney for insurance companies, he understands that processing your case facts with a trial mindset is the best way to provide sound counsel and help you achieve maximum compensation.

Important questions about car accidents cases

Sure, if you value a quick, lowball settlement more than you value maximum fair compensation (and some people do). Based on Jason’s years of experience as a claims adjuster and insurance lawyer, he is confident that his help will net you more money than you otherwise would facing the insurance company alone. Why is that? Insurance adjusters settle personal injury claims to avoid the risk of an even bigger verdict in court if the case doesn’t settle. If you have no lawyer—the insurance company has no real risk. If you have a decent lawyer—they carry some risk. If you have a skilled trial lawyer like Jason—huge risk. Simple as that.

Many injured Virginians think they don’t have to pay their medical bills because the at-fault party’s insurance company will pay them.  The at-fault party (or most likely his or her auto insurance company) is responsible for your medical bills but does not pay those bills as they become due. Rather, the bills are considered as part of the personal injury settlement amount (or verdict if the case is tried). Therefore, while your personal injury claim is pending, you are still responsible for whatever portion of copays or deductibles you might owe after your health insurance processes and pays the bills. In other words, you must absorb the cost of your medical treatment in the near-term. This is not ideal, but it is the reality of the process.

The biggest question for this topic is: will your health insurance pay medical bills after a car accident? The answer is yes. Many injured Virginians assume their medical bills should be submitted to an auto policy claim but they should be submitted instead to their personal health insurance. 

Why? It’s the proper process and you stand to get more money in your pocket from your personal injury case too.

Your car insurance company should be involved even if you are not at fault. Not only will they protect you if the other driver tries to blame you, but you likely have no-fault coverages that your lawyer will want to use to recover more money for your benefit.

Tip: If you are going to hire a lawyer, do not give any recorded statements without consulting that lawyer first.

Many injured Virginians assume their auto policy coverages have nothing to do with the accident since they are not at fault. This is false.

Under Virginia law, accidents that are not your fault should not raise your rates. And it is very possible that your auto insurance policy includes coverages that will drastically increase your financial recovery, like “underinsured motorist coverage” and “medical expense benefits” (often called “MedPay”). In fact, most clients would recover less money if they did not pursue claims in both directions—the at-fault driver’s auto policy and their own auto coverages. We will pursue all avenues of recovery and discuss what’s best for you.

Jason approaches cases by evaluating the facts as if they are going to court; however, you will only go to court if you decide to – it is always your decision. Jason will make recommendations about whether to accept any settlement offers or file a lawsuit. He offers sound counsel, not pressure, because ultimately it’s your decision.

More than 90% of personal injury claims settle outside of court. Although, sometimes filing suit and litigating for a while is necessary to obtain maximum compensation from the insurance company.

GDC personal injury cases are decided by a judge, not a jury. They are less formal, less stressful, and quicker. The most you can be awarded in GDC for personal injuries is $50,000 plus costs and interest. We typically recommend GDC for cases that are not obviously worth more than $65,000 (taking into account potential costs of circuit court litigation).

Circuit Court personal injury cases are usually decided by a jury. Unlike GDC, these cases typically last a year or more and involve a lot of formal discovery and expert witnesses. The upside is that you can sue for as much money as your case might be worth. 

So where would we file your case? That depends on the projected value of your case and on your goals—some clients value the efficiency of GDC, especially if we are not confident that a Circuit Court case would ultimately prove more lucrative in the long run. This is evaluated on a case by case basis.

Liability And Fault

Who is at fault in a car accident case?

Determining fault in a car accident case is a nuanced process involving a thorough evaluation of factors leading to the collision. It’s not always clear-cut and can involve multiple parties. The liable party might be the other driver, a pedestrian, or even a governmental or contracted entity responsible for road conditions. For example, if a car suddenly turns without signaling, causing a collision with another car, the driver making the turn could be at fault for failing to yield. Alternatively, if a driver was speeding and collided with another vehicle, their negligence might contribute to the fault. Jason delves into all aspects of the accident, considering elements like traffic laws, road conditions, weather, and witness testimonies to help make the case for who might be at fault.

How is fault determined in a
vehicle collision? 

Determining fault in a vehicle collision involves a meticulous examination of available evidence. This can include police reports detailing the sequence of events, eyewitness statements, photographs of the accident scene, and expert analyses like accident reconstruction. For instance, if two cars collide at an intersection, factors such as the position of the vehicles, skid marks, and vehicle damage can provide essential insights into the collision’s mechanics and fault. Jason will work with various parties to gain a comprehensive understanding of the contributing factors. 

What role does negligence play in car accident claims? 

Negligence is a pivotal piece in car accident claims, signifying a failure to exercise reasonable care that results in harm. In a car accident case, negligence can involve actions like distracted driving, speeding, or failing to yield the right of way. Establishing negligence is crucial for determining liability and pursuing compensation. Jason will evaluate evidence to determine how the negligent actions of the responsible party directly led to the accident and subsequent injuries. This evidence might encompass traffic camera footage, witness accounts, phone records, and expert testimony, all contributing to constructing a robust case for negligence and liability.

Insurance and coverage

What insurance coverage is available for car accidents?

Car insurance coverage usually encompasses liability coverage, addressing injuries and property damage caused to others. Comprehensive and collision coverage address vehicle damage, while personal injury protection helps cover medical expenses. Uninsured/underinsured motorist coverage is crucial for situations when the at-fault driver lacks sufficient insurance. With experience as an insurance adjuster and defense lawyer previously representing insurance companies, Jason is well equipped to guide you in understanding your coverage to make informed decisions. 

What is underinsured motorist coverage and how does it apply to car accidents? 

Underinsured motorist coverage safeguards you if the at-fault driver’s insurance falls short in covering damages. If your injuries surpass their coverage limits, your policy can step in to bridge the gap, providing the compensation you need. 

Can I seek compensation from the at-fault
driver’s insurance?

Absolutely. Pursuing compensation from the at-fault driver’s insurance is a standard procedure. If another driver is responsible for the accident, their liability insurance should cover your medical expenses, property damage, and potentially other damages like pain and suffering. Jason is here to skillfully navigate the negotiation process, ensuring you receive the full compensation you deserve and that your rights are safeguarded throughout. He leverages his comfort in the courtroom to get settlements outside the courtroom.

Compensation and damages

What types of compensation can I seek after a car accident injury?

After a car accident injury, you can pursue various forms of compensation to address the financial and emotional aftermath of the incident. These include: 

  • Medical expenses encompassing immediate treatments, surgeries, medications, and ongoing therapies. 
  • Compensation for lost wages considers both current income loss and potential future earnings impacted by the injury. 
  • Pain and suffering compensation acknowledges the physical discomfort, emotional distress, and diminished quality of life resulting from the accident. 
  • Additionally, in cases of wrongful death, compensation extends to loss of companionship, funeral costs, and related expenses. 

Jason evaluates all eligible damages to ensure you receive comprehensive compensation for the losses you’ve incurred.

How is compensation calculated in a car accident injury claim?

Calculating compensation in a car accident injury claim involves assessing both economic and non-economic damages. Economic damages encompass quantifiable costs like medical bills, property damage, and lost wages, supported by bills, receipts, and financial records. Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, are more challenging to quantify and often involve applying multipliers based on injury severity. Jason will evaluate the extent of your injuries, their impact on your life, and their long-term effects to establish a fair compensation amount. This comprehensive evaluation ensures you receive adequate restitution for the physical, emotional, and financial repercussions of the accident.

Can I recover medical expenses, lost wages, and costs for pain and suffering?

Certainly. In a car accident injury claim, you’re entitled to seek compensation for medical expenses incurred due to the accident, encompassing hospital bills, surgeries, medications, rehabilitation, and ongoing treatments. Lost wages compensation addresses income lost due to the injury, considering both immediate work absence and potential future earnings if the injury affects your employability. Pain and suffering compensation acknowledges the physical and emotional distress stemming from the accident and subsequent injuries. Jason will work to ensure all these forms of compensation are integrated into your claim, maximizing your chances of receiving fair restitution for the various ways the accident has impacted your life.

Jason Whiting

“I understand how insurance adjusters work because I used to be one. I also represented insurance companies for many years. If you’ve been injured by a driver in southwest Virginia, you deserve a skilled trial lawyer to give you a powerful voice.”

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