The other driver caused the accident. So why are the hospital bills coming to you?

It's one of the most frustrating parts of being injured in a car crash. You can have a police report identifying the other driver as responsible, an open insurance claim, and thousands of dollars in medical expenses, yet the hospital still expects payment.

Who pays medical bills in a car accident in Virginia? Initially, the costs may be covered by your health insurance, your auto policy's medical expense benefits, or your own money. The at-fault driver's liability insurance can ultimately compensate you, but that typically happens when your injury claim settles or reaches a judgment.

At Smith Law Center, we help injured Virginians pursue payment for accident-related medical treatment, including expenses insurers dispute or refuse to cover. Call (757) 244-7000 or contact us online for a free consultation.

Why Isn't the At-Fault Driver's Insurance Paying Your Hospital Bills?

The other driver's liability insurer isn't required to pay your hospital bills simply because its policyholder received a traffic citation or the police report identifies that driver as responsible.

Before paying, the insurer investigates fault, reviews medical records, and evaluates whether treatment resulted from the accident. It may wait until your injuries are sufficiently documented before negotiating a settlement.

Meanwhile, the emergency room, ambulance service, and specialists may all bill separately, each with its own payment deadline. You'll need to use available insurance coverage or make arrangements with providers while your liability claim is pending.

Which Insurance Pays Your Medical Bills First?

Your Health Insurance

Your health insurance can cover accident-related treatment, subject to deductibles, copayments, coinsurance, and network requirements. Tell your providers the injuries resulted from a car accident so they can process the claims correctly.

Compare medical bills with your explanations of benefits. The provider's original charges may exceed your insurer's negotiated rates, affecting what you owe. Your health insurer may also seek reimbursement if you later receive a settlement, subject to your plan's rules.

Medical Payments Coverage (MedPay)

Virginia drivers can purchase optional medical expense benefits, called MedPay, through their auto insurance policies. This coverage pays qualifying expenses regardless of who caused the accident.

Under Virginia law, insurers must make this coverage available upon request. The statutory minimum available is $2,000 per person, with higher limits available.

MedPay can cover expenses such as:

• Ambulance transportation and emergency treatment
• Hospitalization, surgery, and diagnostic imaging
• Physician and specialist visits
• Physical therapy and rehabilitation
• Other covered accident-related treatment

Qualifying MedPay benefits can be paid even when health insurance has covered the treatment, subject to policy terms and statutory requirements. Check your declarations page to confirm your coverage and limits. If a provider requests an assignment of benefits, review who will receive the payments before signing.

Can You Get Stuck Paying Bills While Waiting for a Settlement?

Yes. Collection notices and payment demands can arrive while the other driver's insurer is still investigating. A pending injury claim doesn't suspend your responsibility for outstanding bills.

Before paying a bill you expected insurance to cover, check:

• Was it submitted to the correct insurer? Incorrect policy information can delay payment.
• Was the claim denied? Ask why and whether it can be corrected and resubmitted.
• Has insurance already paid? Compare the bill with your explanation of benefits.
• Are payment arrangements available? Ask about financial assistance or payment plans.

Keep records of payments and agreements. Disputed fault, coverage limits, and treatment disagreements can affect your recovery, so don't make commitments based solely on an anticipated settlement.

Will You Have to Pay Back Your Health Insurance After a Settlement?

Possibly. A health insurer that paid for accident-related treatment may have a right to reimbursement from your settlement, often called subrogation.

Suppose a hospital bills $40,000, but your insurer pays a negotiated amount of $18,000. The insurer may seek repayment of qualifying expenses from your recovery, subject to the rules governing your plan.

The amount claimed isn't necessarily the hospital's original bill. Private insurance, employer-sponsored plans, Medicare, and Medicaid have different reimbursement requirements that can affect how much settlement money you receive.

Can a Hospital Claim Part of Your Car Accident Settlement?

Certain Virginia healthcare providers can assert liens against personal injury recoveries for unpaid treatment. Under Virginia Code § 8.01-66.2, hospitals, physicians, emergency medical services providers, and certain other providers may have lien rights subject to statutory limits.

A valid lien gives a provider a claim against your recovery, but an unpaid bill doesn't necessarily create an enforceable lien. After medical liens, insurance reimbursement claims, and attorney's fees are addressed, the amount you receive may be substantially less than the settlement figure.

Smith Law Center can review medical liens and repayment demands affecting your claim. Call (757) 244-7000 to discuss your situation.

What If Your Medical Bills Exceed the Other Driver's Insurance Limits?

Hospitalization, surgery, and rehabilitation can exhaust the at-fault driver's liability coverage, leaving insufficient money for lost income, pain and suffering, or continued treatment.

Your underinsured motorist coverage may provide additional compensation, subject to the applicable policies and Virginia insurance requirements. Health insurance and MedPay may also cover qualifying treatment expenses.

If doctors anticipate additional surgery or long-term rehabilitation, settling before those costs are evaluated can leave you responsible for future treatment. A signed settlement release typically prevents further recovery from the responsible driver.

Who Pays for Medical Bills If You Were Partly at Fault?

Virginia follows a strict contributory negligence rule. If your negligence contributed to the accident, you can generally be barred from recovering compensation from the other driver, even when that driver was also negligent.

Health insurance and MedPay operate separately from your liability claim. An allegation that you contributed to the collision doesn't necessarily eliminate those benefits, although it can affect your ability to recover from the other driver.

Don't Let Unpaid Medical Bills Pressure You Into Settling Too Soon

An insurer may offer a settlement while you're still receiving treatment or dealing with overdue bills. Accepting it typically requires releasing the responsible driver from further liability, even if additional expenses arise.

Before accepting an offer, consider whether it covers:

• Medical bills already paid or outstanding
• Liens and insurance reimbursement obligations
• Additional treatment your doctors anticipate
• Lost wages and reduced earning capacity
• Pain, suffering, and other recoverable losses

Since 1949, Smith Law Center has handled more than 90,000 cases and recovered over $1 billion for clients. Our attorneys represent people injured in serious accidents involving extensive treatment, disputed liability, and insufficient insurance coverage.

If another driver's negligence left you responsible for medical expenses, call Smith Law Center at (757) 244-7000 or contact us online for a free consultation. You pay no attorney's fee unless we recover compensation for you.