If my health insurance company pays my medical bills, do I still have a claim against the auto insurance company?


Telling you that they are not liable for your medical bills because your health insurance company has paid the bill is one of the many tricks used by the auto insurance companies to get you to settle your claim for less than it is worth. In Virginia, the amount paid by your health insurance does not operate as a “credit” or a “set-off” for what Defendant’s liability insurance carrier owes you. This is known as the collateral source rule: just because your bills were paid by your own health insurance company does not mean that the other guy is not also liable to you.

You will want to check with your health insurance company to see whether you’re going to owe them any money when you settle your auto claim, though. In general, Virginia is an “anti-subrogation” state. This means that if your health insurance company pays a portion or all of your bills, they cannot come back and demand that you repay them when you collect from the auto carrier. However, if your plan is self-funded or governed by a federal statute called ERISA, you will likely owe your health insurance carrier some money back. Check with your Human Resources director before settling your case to determine whether you might get stuck with a bill.

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At David Marks Law, we are devoted to achieving the best possible result for our clients in each and every case. Whether that means reaching an early settlement with the insurance company or taking your auto accident case all the way through a jury trial, we work with our clients to understand their wants and needs and to implement a plan to achieve those goals.