Do I have a viable personal injury case?
Virginia Contributory Negligence law requires the injury-causing accident must be the result of the negligence of another person or company. Virginia is one of the few remaining states that still uses the law of contributory negligence. If the other party can prove you share a small percentage of the fault you may not be able recover anything from the at-fault parties.
You should not necessarily trust the opinion or advice of an outside party i.e. insurance company or claims adjuster to make this determination. Contact an attorney who understands the law and can evaluate the circumstances of your case.