Excellent Question!
In Virginia, as in most states, we don’t have “pay as you go” claims. Meaning, there is one settlement and it is paid at the very end of your case. No liability insurance company in Virginia pays for your medical treatment, as you are treating. I cannot tell you the number of times that a person has called me, telling me that the defendant’s insurance company said they would pay all of their bills, and they learned that the insurance company had not paid any bills and now the bills were in collections and/or they were being sued by the medical provider for unpaid bill(s). It is always best to turn the bills in to your health insurance company. First you get the benefit of the bill being “written down” by your health plan, and secondly you avoid the bills going into collections. When you or your attorney present your demand to the insurance company you get to claim the retail amount of the medical bill, even if you received the “discount” from your health plan. In Virginia we recognize the “collateral source rule” which essentially says that the defendant should not be able to profit from the fact that you have health insurance that you have paid your hard earned dollars for, or that you have earned the through job you or your spouse work. This makes sense. If they hit the guy that has no insurance, they owe 100% of the retail bill, so why should they get a break when they hit you, a person who has health insurance. One way or the other you have paid for your health insurance, so why should the at fault party get that benefit you earned?
If you were injured in a accident that was not your fault, call The Thomson Law Firm for a Free Consultation. Navigating through the paperwork from multiple insurance carriers, tons of hospital bills, all while focusing on healing and getting back to work can be confusing and time consuming. CALL or TEXT Paul Thomson for a FREE consultation today and get answers about maximizing your injury lawsuit settlement. (540) 777-4900