You have paid your premiums for years. When your own insurer stalls, you have more rights than you may think.
There is a particular kind of frustration in this situation. You carried insurance, you paid every premium on time, and now that you actually need it, your own company is slow, dismissive, or acting like you are the problem.
Here is the good news. When your own insurer is not helping the way it should, you are not powerless. You have rights, and in Virginia some of them have real teeth.
First, which of your coverages should be helping
After a crash, more than one part of your own policy may come into play, and people often do not realize what they are entitled to.
- Uninsured motorist coverage, if the driver who hit you had no insurance
- Underinsured motorist coverage, if their insurance was not enough to cover your losses
- Medical payments coverage, often called MedPay, which can pay medical bills regardless of who was at fault, if you carry it
If you are not sure what you have, your declarations page lists it. In Virginia, uninsured and underinsured motorist coverage is built into every auto policy, so you very likely have that protection even if no one ever explained it.
Why your own insurer can still act like the other side
People expect their own company to be on their team. Then they file a claim and feel like they are negotiating against an opponent.
The reason is simple. On a claim like an underinsured motorist claim, the money is coming out of your own insurer’s pocket. That puts your interests and theirs on opposite sides of the same table, even though you are their customer. Being a loyal policyholder does not change that math.
The duty of good faith
Your insurer does not get to treat your claim however it likes. In Virginia, insurers handling an underinsured motorist claim have a legal duty to act in good faith.
Under recent Virginia law, for accidents on or after July 1, 2024, an insurer that fails to meet that duty on this kind of claim can be exposed to more than just the amount it owed. The law allows for additional damages, attorney fees, and interest in a proven bad faith case.
The exact standards and limits are specific, and whether they apply depends on your facts, so this is an area to review with an attorney rather than assume. The point for now is that the duty is real and the consequences for ignoring it are real.
What “not helping” usually looks like
Some stalling is just slow service. Some of it is a tactic. Watch for:
- Long silences, unreturned calls, and a claim that never seems to move
- Repeated requests for the same documents you already sent
- A lowball offer made quickly, before your treatment is finished
- Disputing your injuries by pointing to a clean-looking vehicle
- Asking you to give a recorded statement before you have advice
- Suggesting you do not need a lawyer for your own claim
None of these mean your claim is weak. Often they mean the opposite, and that someone is hoping you will give up or settle low.
Can I actually sue my own insurance company?
Generally, you cannot sue your own auto insurer simply because you are unhappy with them. The main exception is when they breach that duty of good faith on a claim like an underinsured motorist claim.
In practice, most disputes never get that far. A clear, well-documented claim and a letter from an attorney are often enough to change how your file is handled, because the insurer knows the next step has consequences.
The recorded statement trap
Even on your own claim, you may be asked to give a recorded statement. Be careful here.
Anything you say can be used to question how the crash happened or to minimize your injuries. This matters in Virginia, which follows contributory negligence. If you are found even slightly at fault for the crash, your ability to recover can be barred entirely, and that rule does not disappear just because the claim is with your own company. You are usually not required to give a recorded statement on the spot, and it is reasonable to get advice first.
Document everything, starting now
- Keep a log of every call: the date, who you spoke with, and what they said
- Save every letter, email, and voicemail from the insurer
- Keep all of your medical records and bills in one place
- Write down dates they promised to follow up and whether they did
- Do not give a recorded statement or sign a release until you have advice
A paper trail changes the conversation. It is much harder for an insurer to claim it acted reasonably when there is a clear record showing it did not.
Why a lawyer matters on a first-party claim specifically
People assume they only need a lawyer to fight the other driver’s insurer. A claim against your own company can be just as hard, sometimes harder, because the relationship makes it feel like it should be easy.
An attorney documents your damages properly, handles the adjuster so the pressure is off you, and signals that there is a real cost to treating your claim in bad faith. On the kind of claim where Virginia law allows added damages and fees, that signal carries weight.
What about Maryland and D.C.?
The general picture is similar. You may have uninsured and underinsured coverage and medical payments coverage on your own policy, and your insurer still has obligations in how it handles your claim.
The specific rules and remedies differ by jurisdiction, though, so if your accident happened in Maryland or D.C., it is worth asking rather than assuming the Virginia details apply.
Do not wait too long
First-party claims still run against deadlines, and your policy may require prompt notice and cooperation. Waiting can cost you leverage and, in some cases, the claim itself.
If your own insurance company is not helping the way it should, you do not have to accept that as the final answer.
At Paragon Law Firm, consultations are free, and you talk to an attorney. If we take your case, you owe nothing unless we recover money for you.
We represent injured people in Virginia, Maryland, and Washington DC.
Paragon Law Firm
8233 Old Courthouse Rd, Tysons, VA
Call for a free and confidential consultation.
