Will I have to reimburse my health insurance company if I win the lawsuit against the driver who caused the car accident?

If the health insurance company of your employer’s health plan covered your medical bills, they may try to get a reimbursement from your personal injury recovery.  That makes your insurance more of a “loan” than medical coverage.

In Virginia, insurance companies are generally not allowed to make these types of claims, but they often do it anyway. We have even witnessed cases where insurance companies hired attorneys to make the claims for them.

This area of law, known as “reimbursement or subrogation,” is complex and sometimes falls under the federal law, the Employee Retirement Income Security Act of 1974 (ERISA).  It is therefore best to consult with an experienced Fairfax accident attorney after a serious car accident.

For more information, order a free copy of my book, Five Deadly Sins That Can Wreck Your Injury Claim.