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Shapiro & Appleton

Should I use my regular health insurance to pay for the medical care I need as a result of a car accident?

Yes.  You are better off using your health insurance whenever and wherever possible.  It will generally help you and not benefit the at-fault driver who remains responsible for the bill whether you had insurance or not.  In your accident claim, the auto insurer for the careless motorist remains responsible for the medical bill and does not get out of paying because of your health insurance.

The normal rule in Virginia (VA) is that your health insurance company will not have to be paid back out of the settlement proceeds from a car accident.  Under certain circumstances, federal law trumps the Virginia rule and says that you do have to pay back your employer's health insurance plan if you make a recovery from an at-fault driver from an automobile accident.  Even if that's the case, you would still be better off by using your health insurance because the bills get paid in the short run and no one will be hassling you for payment.  Also, the health insurance company may not have to be paid back dollar for dollar out of your claim.  Instead, your personal injury lawyer can usually negotiate and get some reduction in the amount of payback.  That extra money goes in your pocket at the end of the case.  So, I definitely recommend that clients use whatever health insurance they have to pay their bills if they are hurt in a car crash.


About the editors:
The motto at Shapiro & Appleton& Duffan law firm is simple -"All we do is injury law." We hope you were able to find the answer to your injury query. If not, please review our Virginia Accident Lawyer FAQ Library for additional information. If you'd like to speak to an actual attorney about your potential injury claim for free, please contact our office at 1-800-752-0042.

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