Q I was recently injured in a Virginia car accident. What do I do with my medical bills if my health insurance is under a VIRGINIA POLICY?
Even if you think the other driver was to blame for the accident, you should still pay your medical bills if you have private health insurance. Your first priority should be to pay those bills, even if you expect to receive money from a lawsuit. Not paying them will result in medical providers calling you for the full amount. Even though you have to pay co-pays and deductibles, you should still make sure those medical bills are paid for. Then, should you bring a lawsuit, you can sue for that amount in court.
In terms of how much you would gain from a trial, if your health insurance is written under Virginia law, then you should not have to reimburse the health insurance company when you settle your case. Virginia has an anti-subrogation statute that does not let health insurance companies demand money from lawsuit settlements, even if part of the settlement includes a claim for medical bills.
Therefore, you would make twice the recovery for your medical bills: the health insurance company would pay for the bills first, and then the automobile insurance company will pay for your medical bills if you are successful.