Contact Us Today 434-471-4339


The Insurance Company says they don't have to reimburse me because my health insurance covered it?

Posted by Michael Trent | Nov 26, 2021 | 0 Comments

We've seen cases where an injury victim has health insurance that pays the cost of their care, and the at fault party's auto insurance carrier argues they aren't responsible for the medical bills covered by your policy.  Virginia is NOT a jurisdiction that allows this!  In Virginia, even if your health insurance covers some or all of your medical bills caused by another's negligence, you are still entitled to recover the cost of those bills in addition to any uncovered bills, pain and suffering, as well as other things such as lost wages that may apply. (If you have an insurance policy through your employment, Medicaid, Medicare, or are covered by Worker's Compensation, it is possible they could have a lien against a recovery, but this is a case by case situation, and you should consult with an experienced attorney to discuss it). 

            In our practice we have nevertheless not only spoken to new clients who were told by the opposing party's auto carrier that they weren't responsible for bills paid by health insurance, but have even had adjustors try to argue it to us once we were retained.  In some cases, unscrupulous insurance companies are certainly trying to take advantage of unrepresented folks, but in others the adjustor may oversee claims in multiple jurisdictions and just not be as educated on Virginia law as they ought to be. 

While we've always been able to clear this up (either by explaining the state of Virginia law to the adjustor or by filing suit and having opposing counsel set them straight), there is no telling how many people speaking to insurance companies don't know to push back on this, and don't receive the full compensation they deserve.  This is just one example of why its so important if you're the victim of another's negligence that you at least consult (at our firm, and most others, these sort of consultations are always free) with an experienced attorney to make sure an insurance company is treating you and those you love fairly. 

About the Author

Michael Trent

Michael T. Trent is an experienced attorney with an active practice focusing primarily on litigation, especially criminal defense and personal injury. He is a son of our Southside Virginia community and his love for this area runs deep, not only with his growing up in Charlotte County, but with t...


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today

The Trent Law Practice is committed to answering your questions about Criminal Law, Traffic Offenses, Personal Injury, Wills, Trusts & Estate Planning, Divorce and Child Custody in Virginia.

We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.