Getting injured in a car accident can be a traumatic experience. As you focus on healing, the costs of medical treatment can quickly add up. If the accident wasn’t your fault, how do you ensure your bills get paid? In Virginia, the answer depends on factors like your health insurance, MedPay coverage, and who was at fault for the crash.
Key Takeaways
- Your auto policy’s MedPay coverage helps cover immediate medical expenses like co-pays and co-insurance after an accident, regardless of fault.
- Uninsured/underinsured motorist (UM/UIM) coverage is crucial if the at-fault driver lacks adequate insurance.
- Virginia’s contributory negligence laws can bar you from receiving compensation if you’re even 1% at fault. Understanding insurance and how the accident happened is key.
- Having an experienced personal injury attorney on your side can help navigate this process.
Immediate Steps for Managing Medical Costs
When a car accident happens, the whirlwind of hospital visits and medical treatments can be overwhelming. If you have health insurance, then your in-network providers are your best bet, because health insurance is the primary payor of medical costs after you’ve been in a crash.
But what about all of those accident related co-pays? This is where MedPay from your auto insurance kicks in.
MedPay also covers medical expenses from auto accidents, regardless of fault, up to your policy limits. MedPay can also be used to reimburse any health insurance liens, which we’ll discuss later in this article.
Virginia’s Auto Insurance Requirements
In Virginia, drivers must either have liability insurance meeting the state’s minimum requirements or pay an Uninsured Motor Vehicle Fee to drive uninsured. In 2022, the minimum requirements were raised to:
- $30,000 for injury/death of one person
- $60,000 for injury/death of two or more people
- $20,000 for property damage
The reality is that $30,000 simply isn’t very much money if you’ve been seriously injured in a crash and many people who are hit by a driver with limited insurance coverage will need to tap into their own underinsured motorist coverage in order to get maximum compensation after a car crash.
The good thing to know is that all auto policies in Virginia must include UM and UIM coverage matching these minimum liability limits. This coverage protects you if the at-fault driver lacks adequate insurance, which we’ll discuss next.
Role of At-Fault Driver’s Insurance
After an accident, the at-fault driver’s liability insurance should cover your medical bills and other expenses. But if they’re uninsured, they’re personally liable – and you can use your own UIM coverage to help cover additional costs.
But beware: we’ve found that many people who try to deal with insurance companies without a lawyer are out of their depth quickly due to the insurance adjuster’s training on denying claims, delaying payment, and minimizing the injury.
Utilizing Your Own Coverage
While the at-fault driver’s insurance plays a big role, your own coverage is also important after an accident. UM/UIM coverage protects you in accidents involving uninsured/underinsured drivers, hit-and-runs, and as a passenger. It’s affordable extra protection against high out-of-pocket costs.
Collision coverage helps pay for vehicle repairs/replacement after an accident (with a deductible based on your car’s value). It’s required for leased/financed vehicles but optional once your car is paid off.
Medical payments coverage can cover deductibles and co-pays for accident-related medical care, regardless of fault, up to your policy limits. Expenses beyond those limits become your responsibility.
Impact of Contributory Negligence
In Virginia, even if you’re only 1% at fault for a car accident, contributory negligence laws can bar you from recovering medical costs. This legal defense could allow health insurers to deny coverage, leaving you to pay for your treatment.
However, you may be able to overcome this by presenting evidence like police reports, witness testimony, etc. Let’s now look at seeking compensation via personal injury claims.
Seeking Compensation Via Personal Injury Claims
After an accident, filing an injury claim is crucial to protect your finances and access quality care regardless of cost. Be sure to keep all medical bills and records. But navigating legal procedures like filings and deadlines can be daunting.
A personal injury lawyer can help with current and future medical costs, lost wages, pain and suffering, and even wrongful death cases. They understand the impacts of serious injuries and fight to maximize your compensation.
Working with an Experienced Virginia Car Accident Attorney
Handling insurance companies, liability disputes, and the overall claims process alone can be overwhelming – especially with major injuries or significant potential damages involved. That’s why one of our core promises is taking over all insurer contact once you become our client.
Skilled personal injury lawyers are skilled at:
- Evaluating claims to identify full compensation for medical costs, lost income, pain/suffering, etc.
- Drafting compelling demand letters, challenging denials, and advocating for a just settlement
- Navigating relevant laws and regulations
- Prioritizing your rights as the client
Reviews and case results can help identify the right attorney for your situation.
How to Determine Value in a Personal Injury Case
In these cases, compensatory damages aim to make you financially whole again after an injury. Recoverable damages may include:
- Medical bills
- Lost wages
- Reduced future earning capacity
- Emotional distress
- Punitive damages (where applicable)
Compensation covers immediate costs like medical care as well as long-term impacts. Special damages cover financial losses like medical expenses and lost income, while general damages address non-economic harm like pain/suffering and loss of consortium.
Compensation for emotional distress attempts to address intangible losses, though quantifying these can be challenging. Attorneys work to recover the full extent of damages – both current and future – to compensate fairly.
How to Find the Best Car Accident Attorney
With many personal injury lawyers out there, how do you choose? Look for an attorney who:
- Is recognized by peers and educates other lawyers (indicating expertise)
- Specializes in personal injury law, more importantly, Virginia car accident cases.
- Receives a significant portion of cases from referrals (suggesting competence).
Contingency Fee Agreements
Many forego legal help due to fears about upfront costs. However, most personal injury attorneys (including our firm) work on a contingency fee basis – you pay nothing upfront, and they’re compensated as a percentage of any settlement or court award.
A contingency fee agreement spells out the attorney’s payment terms, as well as disbursements, costs, and your obligations as the client.
Summary
The aftermath of a car accident can be complicated when it comes to handling medical bills – from initial steps and Virginia’s insurance requirements to the role of the at-fault party’s coverage and your own policy provisions. Contributory negligence laws and their impact add another layer.
While the process of seeking compensation through a personal injury claim can seem daunting, having the right attorney in your corner makes a significant difference. With their expertise in maximizing recoverable damages and contingency fee structures, you can focus on recovery while they protect your rights.
Contact BenGlassLaw’s personal injury team today for a free, no-obligation consultation on how we can assist with your auto accident case using our extensive experience.
Why BenGlassLaw For Your Auto Accident Case?
Our process is designed to make this as easy as possible for you and your loved ones so that you can focus on recovery. For every single personal injury case that our team takes on, we have three promises that we are always focused on (and they’re what sets us apart from other firms):
1. We find all the pots of insurance money that might be available to you and pull as much money as possible out of those pots.
We are great at finding insurance money. Our lawyers do a thorough examination of available insurance coverage by looking at everyone and every insurance policy involved. We leave no stone unturned to find every dollar that we can.
2. Help you keep as much of that money as possible.
Some health insurance plans are entitled to reimbursement at the end of injury cases. Some health insurance plans say that they are, even when they aren’t! We help you keep as much of your money as we can. If you do not have health insurance, we can often negotiate discounts with your medical providers.
3. Make this process as simple and easy for you as we can.
The insurance industry wants this process to be complicated. They want it to be difficult for you to understand who should pay, when they should pay, and how much they should pay. Our team of lawyers simplifies this whole process for you. After you hire us, we stop the insurance company from calling you and your only job is to get medical care and tell us where you got it. We take care of everything else.
