If you were injured in a Virginia car accident, you may be dealing with doctor visits, emergency-room bills, physical therapy, prescriptions, and other unexpected expenses. At the same time, you may be wondering:
Who Pays My Medical Bills After a Virginia Car Accident?
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Who is going to pay my medical bills?
The answer depends on the insurance coverage available to you, the circumstances of the accident, and whether another driver may be legally responsible for your injuries.
In Virginia, there may be several potential sources of payment for accident-related medical expenses. Understanding how these different types of insurance can work may help you make informed decisions after a crash.
Does the At-Fault Driver’s Insurance Pay My Medical Bills?
One of the most common misconceptions after a Virginia car accident is that the other driver’s insurance company will immediately start paying your medical bills.
Generally, an injured person may seek compensation from the person responsible for the accident, including qualifying medical expenses, through a personal injury claim. However, that does not necessarily mean the other driver’s insurance company will simply pay each medical bill as it arrives.
A liability claim may ultimately be resolved through a settlement or, when necessary, a court judgment.
This is one reason it is important to keep documentation of your medical treatment and accident-related expenses.
Can My Own Auto Insurance Help Pay My Medical Bills?
Your own automobile insurance may provide another potential source of coverage.
Virginia law provides for medical expense and loss-of-income benefits that can be included in certain automobile insurance policies. Under Virginia Code § 38.2-2201, insurers must make certain medical expense benefits available to insureds upon request and payment of the applicable premium. The statute addresses benefits for people occupying an insured vehicle as well as certain other covered individuals.
The amount of coverage and the specific circumstances in which it applies depend on the insurance policy and applicable law.
For this reason, after an accident, it can be important to determine what automobile insurance coverage is actually available rather than assuming that only the other driver’s policy matters.
What Is Medical Payments Coverage?
Medical payments coverage, sometimes called MedPay, is automobile insurance coverage that may help pay certain accident-related medical expenses.
Virginia’s statute provides for medical expense benefits that can include reasonable and necessary expenses for services such as medical, hospital, dental, surgical, prosthetic, rehabilitation, and emergency medical services, subject to the applicable coverage and limits.
This type of coverage can be particularly important because it may provide benefits without requiring you to first establish that another driver was legally responsible for the accident.
However, whether you have this coverage, how much coverage you have, and who is covered depends on the applicable policy and circumstances.
What If I Have Health Insurance?
Your health insurance may also help cover medical treatment following a Virginia car accident, depending on your health insurance plan and the treatment you receive.
You should keep records of bills, statements, explanations of benefits, and other documentation related to your treatment.
It is also important to understand that having health insurance does not necessarily mean you have no potential claim for accident-related losses. Medical expenses can be one component of a broader personal injury claim when another party may be legally responsible for the accident.
The interaction between health insurance, automobile insurance, and a personal injury claim can be complicated, particularly when multiple insurance policies are involved.
What If the Other Driver Does Not Have Insurance?
Another concern is what happens if the driver who caused the accident does not have enough insurance—or has no applicable liability insurance.
In these circumstances, your own automobile insurance policy may become particularly important.
Virginia automobile insurance law includes provisions concerning uninsured and underinsured motorist coverage. The coverage available in a particular accident depends on the applicable policy, the circumstances of the crash, and Virginia law.
If you discover that the other driver may be uninsured or underinsured, it can be important to determine what coverage you have available before assuming there is no way to recover compensation.
What If the Accident Was Partly My Fault?
Virginia follows a contributory-negligence rule that can make fault especially important in personal injury cases.
If another driver caused the accident, but there is an allegation that you also contributed to the crash, the potential effect on a claim can be significant.
For that reason, you should be careful about making statements to insurance companies about who was responsible for an accident without first understanding the circumstances and your legal rights.
Evidence such as photographs, witness information, police reports, vehicle damage, medical records, and other documentation may be important when determining what happened.
What Medical Expenses Should I Keep Track Of?
After a Virginia car accident, keep documentation relating to your injuries and treatment.
Depending on your circumstances, this may include:
- Emergency-room bills
- Doctor’s bills
- Hospital expenses
- Physical therapy expenses
- Rehabilitation expenses
- Prescription costs
- Diagnostic testing
- Medical equipment
- Transportation related to medical treatment
- Other accident-related medical expenses
You should also keep copies of insurance correspondence and explanations of benefits.
Organizing these records can make it easier to understand the financial impact of the accident and provide documentation for an insurance claim or personal injury case.
Should I Keep Treating If I Am Still in Pain?
If you are experiencing symptoms after a car accident, you should discuss your condition with an appropriate medical professional and follow their recommendations.
Some injuries may not be immediately obvious after a collision. More importantly, medical decisions should be based on your health and the advice of your healthcare providers—not on what an insurance company wants you to do.
Keeping a consistent record of medical treatment can also help document the injuries you are claiming resulted from the accident.
What If the Insurance Company Asks Me Questions?
After an accident, you may be contacted by one or more insurance companies.
An insurance adjuster may ask questions about the accident, your injuries, your treatment, or your medical history.
Before providing information or agreeing to a settlement, make sure you understand what you are being asked and what effect your response could have on your claim.
You do not have to navigate a complicated injury claim without understanding your legal options.
When Should I Talk to a Virginia Car Accident Lawyer?
Consider speaking with a Virginia car accident lawyer if you have significant injuries, substantial medical expenses, questions about insurance coverage, or a dispute about who caused the accident.
An attorney can review the circumstances of the collision, identify potentially available insurance coverage, examine the documentation related to your injuries, and explain the legal options that may be available in your particular situation.
Every accident is different. The amount of available insurance, the severity of the injuries, the evidence surrounding the crash, and the applicable law can all affect a potential claim.
Lawyer Justin Can Help You Understand Your Options
If you were injured in a Virginia car accident, you should not have to guess about who may be responsible for your medical expenses or what insurance coverage may be available.
Who Pays My Medical Bills After a Virginia Car Accident?
Call Now – FREE Consultation
At Lawyer Justin, the focus is on providing personalized legal guidance based on the specific circumstances of each client’s case.
If you have questions about your Virginia car accident medical bills, insurance coverage, or potential injury claim, contact Lawyer Justin to discuss your situation.
Do not assume that you have no options simply because you are receiving medical bills after an accident. Understanding the available insurance coverage and your legal rights is an important first step.