If I'm in an accident that was the other driver's fault, should I use my health insurance to pay for the medical treatment and bills I have from the accident?

We help people in D.C., Maryland and Virginia. 

We only represent people and families; patients injured because of preventable medical mistakes, children with cerebral palsy, workers with on-the-job injuries, people injured in serious car accidents, and families who have lost a loved one.  That's all we do.

 

                    

If you are injured in a car accident in Maryland, Virginia or D.C. you can use your health insurance to pay for medical treatment from the accident.  Its really a question of whether your health insurance company has a lien or right to be paid back from a settlement with the other driver's insurance company.  

In D.C. and Maryland, most health plans require repayment of what they have paid for medical treatment if someone gets a settlement or verdict from the other driver's insurance company. 

In Virginia, most health plans cannot recover their payments from a settlement (this is also called subrogation) because of Virginia's anti-subrogation statute.

Typically, most health insurance plans pay less than the actual charges, so it is usually better for someone injured in an automobile accident to use their health insurance rather than agree with the doctor or hospital to pay the medical bills out of any settlement because the health care providers will be entitled to the full amount from the settlement and if the case doesn't settle, is lost or not pursued, you are still on the hook for the medical bills.

The analysis also depends on whether you were injured in an accident in D.C. Maryland and Virginia, where you live, where you work (if that's where you get your health insurance), other car insurance you may have, etc.

If you have questions about what to do after a D.C., Maryland or Virginia accident, just call us at (202) 393-3320 and we'll talk it through.