Do You Have to Reimburse Your Insurance After an Injury Settlement in Virginia?

Written by: Virginia Beach Injury Law

Automobile accidents are a headache, to say the least. When an accident happens, those involved can suffer serious injuries that require costly medical treatment. While you are pursuing a personal injury claim for compensation you may be using your health insurance to help you pay for your medical care. It may come as a shock if after you obtain a settlement you get a letter from your insurer that you owe them money for that treatment.

Every state has its own laws when it comes to repayment or subrogation of money to the insurance company after a settlement is paid out. In Virginia, the question of if you will owe your insurance carrier reimbursement after you recover compensation from your Virginia personal injury claim is a common one. The answer depends on the type of insurance that you have. For the most part, due to Virginia’s anti-subrogation laws, you will not have to. But this is not a hardened fact for every Virginia resident which means there are exceptions to the law.

What Insurance Companies Can Be Reimbursed After a Personal Injury Settlement?

If your employer is the source of your insurance coverage, you may not be on the hook for repaying the insurance provider. But even when insurance companies know that they do not lawfully have a right to repayment that does not mean they will not try to get it anyway. It is common practice for insurance carriers to send out lien notices that they want to be reimbursed for the money that they paid for the medical treatment you received. 

One action you can take is to connect with your employer’s human resources representative or the party who handles the company’s insurance coverage and ask about subrogation. Otherwise, your Virginia Beach personal injury attorney will know how to read your policy and identify the existence of subrogation. A knowledgeable and experienced lawyer will know exactly what to ask agents and then either strategically negotiate repayment or establish that the lien is invalid.

When your coverage comes by means of a plan that is funded by the taxpayer, then you will have to reimburse the insurer. Examples of taxpayer-funded plans include:

  • Medicare
  • Medicaid
  • Tricare

In addition, government employee plans that follow the Federal Employee Health Benefits Act are also likely to have to repay their provider.

The personal injury claims process can be complicated from start to finish. Having a proficient and skilled Norfolk car accident attorney on your side better equips you to manage your claim and improves the chances of securing the best results possible.

Meet with a Virginia Beach Personal Injury Attorney Today

It can be very stressful after a Hampton Roads car accident as you deal with healing from injuries, communications with the insurance company, and the legal matters that go along with filing a personal injury claim. Let the Virginia Beach car accident lawyer at Virginia Beach Injury Law help. Call Virginia Beach Injury Law today to schedule a free consultation at (757) 802-4662.

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