Why the first number is rarely the real number
Insurance adjusters routinely open negotiations with a conservative figure, expecting a counteroffer. Accepting that first offer typically closes the claim permanently — there's generally no going back to ask for more later, even if additional injuries or costs surface afterward.
A fault argument with much higher stakes in Virginia
In most states, an insurer arguing that a claimant bore some fault is arguing over a percentage reduction. In Virginia, that same argument carries far higher stakes: because any degree of fault at all can completely bar recovery, an insurer has strong incentive to suggest the claimant bore some fault, however small, rather than simply negotiating over the dollar figure. A low first offer in Virginia is often paired with exactly this kind of argument.
Two narrow paths around the bar
Virginia law recognizes two notable exceptions. The last clear chance doctrine applies where the defendant had the final clear opportunity to avoid the accident and failed to take it — in that circumstance, the claimant's own earlier negligence may not bar recovery. Separately, the bar does not apply where the defendant's conduct rises to willful and wanton negligence — a meaningfully higher standard than ordinary or even gross negligence, which generally isn't enough on its own to overcome the bar.
Why this matters before responding to an offer
Understanding whether a fault argument is genuinely supportable — and whether either exception might apply — is worth doing before evaluating any offer in a Virginia claim, since the fault question can determine whether there's anything to negotiate over at all.
The baseline still applies
None of this changes the ordinary approach to a first offer: compare it against a complete, well-documented account of your actual damages before deciding whether to accept or counter, since the decision is generally final once made.