It is better for you to use your health insurance rather than agree with the doctor or hospital to pay the medical bills out of any settlement.  Typically, your health insurance company will pay less than the actual charges on the medical bill. If you agree to pay your medical bills out of any settlement, 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 responsible for the medical bills.

When using your health insurance the question is 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 DC 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. 

Meanwhile, in Virginia, most health plans cannot recover their payments from a settlement (also called a subrogation) because of Virginia’s anti-subrogation statute.

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

Want to learn more? Order today your FREE copy of 7 Deadly Sins that Will Wreck Your Accident Case and/or The Ultimate Guide to Accident Cases. 

If you're not quite sure what to do after a DC, Maryland, or Virginia accident, just give us a call at (202) 393-3320 and we’ll talk you through it.


Frank R. Kearney, Attorney-at-Law
Connect with me
Experienced DC Workers' Comp, Long Term Disability & Accident Lawyer