After a serious crash, your first thoughts are usually about your health and recovery, but the next concern often comes fast: Who pays for medical bills after a car accident?
Between ambulance rides, emergency treatment, diagnostic tests, and physical therapy, the costs can add up quickly. Unfortunately, sorting out payment isn’t always simple.
At Merrick Brock, PLLC, we’ve helped countless clients across Richmond and Virginia understand their rights and recover the compensation they deserve.
Here’s what you need to know about how medical bills are handled after a car accident and how our experienced Richmond car accident lawyers can help you protect your financial future.
Understanding the Challenge of Medical Bills After a Crash
Car accidents can lead to thousands, or even tens of thousands, of dollars in medical expenses. Even if someone else caused the crash, providers usually don’t wait for fault determination before insisting on payment. You may start receiving bills while you’re still in recovery or before the insurance companies have completed their investigation.
These medical bills might include emergency room visits, ambulance fees, diagnostic imaging, rehabilitation, and ongoing care. As a result, many people feel trapped between needing critical treatment and worrying about how to pay for it.
Knowing who is legally responsible for these costs, and when, can make a huge difference in your peace of mind and the outcome of your case.
Health Insurance or Med-Pay Coverage
Even though someone else may be at fault, the first line of payment for your car accident medical bills is often your own health insurance or Med-Pay (medical payment coverage) through your auto policy.
Virginia law allows you to use your personal health insurance for immediate treatment after a crash, which helps you avoid delays in care. If you purchased Med-Pay as part of your car insurance, that coverage can reimburse you for medical expenses up to your policy limit, regardless of who caused the accident.
Med-Pay is especially helpful because it can bridge the gap between your accident and a settlement or judgment. It’s not mandatory in Virginia, but if you have it, it can help cover out-of-pocket costs such as co-pays, deductibles, and other medical expenses that your health insurance doesn’t cover. Look at your Declarations Page or ask your agent if you have Med-Pay.
Using your insurance doesn’t mean the at-fault driver gets off the hook. It simply ensures you get the treatment you need while your claim is being processed.
At-Fault Driver’s Insurance
Virginia is a fault-based state, which means the driver who caused the crash is financially responsible for your injuries and related expenses. Their auto liability insurance typically covers your medical bills, lost wages, and pain and suffering, but only after fault is established and the claim is resolved – and assuming the driver has sufficient policy limits to cover your damages.
If not, you may have a claim for damages against your own auto insurance company under your uninsured or underinsured motorist coverage. But your insurance company typically does not have to pay UM or UIM coverage until there is a settlement or judgment entered against the at-fault party.
That means you may need to wait until settlement or trial before those funds are released. In the meantime, your medical providers may continue billing you.
Understanding which policy applies and when can be complicated. That’s where a knowledgeable Richmond car accident attorney can step in to ensure every source of compensation is found.
Managing and Negotiating Medical Bills After an Accident
Even with insurance coverage, you may still have outstanding balances that need attention. Part of your recovery process involves negotiating medical bills after an accident to reduce what you owe or to delay payment until your case settles.
Our firm frequently works directly with medical providers and lienholders to make sure you don’t pay bills that should be covered by insurance or your settlement.
Virginia’s collateral source rule also protects you, meaning you can recover the full value of your medical expenses from the at-fault driver, even if your health insurance already paid part of those bills.
Proper documentation is key. We help clients organize and track every medical bill, statement, and payment. Every expense should be claimed when calculating total damages.
Understanding Your Rights Under Virginia Law
Virginia law grants accident victims the right to seek full compensation from negligent drivers, but strict rules govern the process. According to the statute of limitations, you typically have two years from the date of your accident to file a personal injury claim. Failing to file within that timeframe can bar you from recovering compensation for your medical expenses.
Virginia also follows the contributory negligence rule, one of the strictest standards in the country. If you are found even 1% at fault for the crash, you may not be eligible to recover damages. Contributory negligence is typically a question to be decided by the jury, and skilled trial attorneys can frame your case in the best light when contributory negligence is an issue.
That’s why working with skilled Richmond car accident lawyers is essential. We know how to counter insurance company tactics and protect your right to compensation.
In a Car Accident, Who Pays the Medical Bills?
So, who pays for medical bills after a car accident? The answer often depends on multiple factors. Here’s a quick breakdown of the general order of payment in Virginia:
- Health Insurance. Your primary option for immediate treatment.
- Med-Pay (medical expense coverage). Pays regardless of fault, up to your policy limit.
- At-fault driver’s insurance. Ultimately responsible for damages if liability is proven and case is settled or a judgment is entered. This will be limited by the amount of coverage they have under the policy.
- Uninsured/underinsured coverage. Applies when the at-fault driver has little or no insurance and case is settled or a judgment is entered. This will be limited by the amount of coverage you have under your policy.
- Other insurance: There are often other insurance policies that provide coverage, such as umbrella policies, policies of resident relatives, and the owner of the vehicle’s policy (if different from the at-fault driver).
Each of these sources may interact differently based on your specific situation. The key is ensuring that no coverage goes unused and that you aren’t left paying out-of-pocket for expenses that another party should cover.
Why Work with Merrick Brock, PLLC?
At Merrick Brock, we don’t just handle your case; we help you take back control after a traumatic experience. Founders John Merrick and Les Brock spent more than two decades defending large insurance companies before choosing to represent injury victims in their local community. That experience gives us powerful insight into how insurance companies operate and how to counter their strategies effectively.
We ran the defense playbook for years and now we use that knowledge and experience to formulate effective strategies in an effort to maximize recovery for injured clients in every case.
Our goal is always to obtain an exceptional result for every client. If that cannot be achieved through settlement, we’re prepared to go to trial. We don’t back down, and we don’t settle for less than you deserve.
Take the First Step Toward Relief
If you’ve been injured in a Richmond car crash and are wondering who pays for medical bills after a car accident, you don’t have to navigate the process alone. Let our team handle the insurance companies, medical billing, and settlement negotiations while you focus on recovery.
Contact Merrick Brock, PLLC, today for a free consultation. We’ll review your situation, explain your legal options, and help you take the first step toward getting your medical expenses and your life back under control.
Frequently Asked Questions About Car Accident Medical Bills
It’s normal to have questions after an accident. Below are some of the most common concerns we hear from clients.
Do I Still Have to Pay Medical Bills While Waiting for a Settlement?
Yes. Your healthcare providers may continue billing you directly as they provide services. We can often work with them to pause collections or negotiate liens until your claim is resolved. You should pay what you can to avoid collections actions.
Will My Health Insurance Company Need to Be Repaid After I Settle?
In most Virginia cases, health insurance plans cannot demand repayment once your case settles, thanks to Virginia’s anti-subrogation laws. This helps ensure that you retain a larger portion of your settlement funds.
This does not apply to Medicaid, Medicare, Tricare, Federal Employee Plans, certain ERISA plans and other types of insurance. These providers typically have a claim on your settlement proceeds in the form of a lien or right to subrogation, and must be reimbursed.
What If the At-Fault Driver Doesn’t Have Insurance?
Your UM/UIM coverage may apply. We can help you file the appropriate claims and pursue the full benefits you’re entitled to under your own policy.
How Long Do I Have to Make a Claim?
You generally have two years under Virginia’s statute of limitations, but it’s best to act quickly. Waiting can weaken your case and limit available evidence.