Should I let my health insurance company pay for injuries I suffered in a car accident?

If you were injured in an auto collision in Virginia, the negligent driver who caused it is responsible for paying you compensation for your injuries. However, their insurance company could spend months or longer fighting to deny your claim or delay paying you.

In the meantime, you may have mounting expensive medical bills for medical care you need to treat your injuries. One good option can be to let your health insurance company pay them.

Using Medical Coverage Under Your Own Auto Insurance Policy

When you purchased your car insurance policy, you had the option to purchase medical expense coverage, which is often referred to as Med Pay. If you did buy it, your medical bills would first be paid from this insurance coverage. However, the amount of coverage under Med Pay is not that much, and it is likely that it would not cover all of your medical expenses.

Benefits of Using Your Private Health Insurance to Cover Medical Bills

If you have a private health insurance policy, you should use it to pay your medical bills while you wait for your settlement from the negligent driver’s insurance company. Here are the benefits of doing so:

• Your medical bills will be paid on time, which will protect your credit rating.
• You will be able to choose the doctors and specialists who will best treat your injuries. Some physicians and other medical care providers would not treat you if you do not have health insurance.
• You would not have to pay your medical expenses out of your own savings.
• You will heal faster if you get the medical treatment you need.

Will You Have to Pay Back Your Health Insurance Provider?

In Virginia, a health insurance company would not be allowed to place a lien against your auto crash claim or require you to pay them back for the medical bills they paid for you once you receive your settlement. However, there are exceptions to this rule:

• If you receive health insurance benefits from your employer, the plan may be subject to a federal law called ERISA. Under ERISA, you may be required to reimburse your health insurance company for the expenses they paid. In addition, they may have a right to subrogation, which would allow them to sue the negligent driver for the medical bills they paid due to their injuries.
• You could also have to pay back your medical expenses out of your settlement if your health insurance is through Medicare or Medicaid.

Even if you have to repay your health insurance provider, you should still use this benefit to pay your medical bills. An experienced car accident lawyer may be able to negotiate with them so that you pay them less than the full amount you owe.

Were you or a loved one injured in a car accident in Virginia Beach or Norfolk? Call our office to schedule your free consultation today to learn how we can assist you.