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

If you have health insurance, it is likely you used to to cover your medical bills after your car accident. After all, it would be difficult to pay for lengthy hospital stays, physical therapy, and prescriptions out of pocket. Particularly if you are missing work because of your injuries.

What most Virginians don't know is that your health insurance may expect repayment for all your medical care. This is known as subrogation.

Subrogation is where another party has a claim on your verdict or settlement. Since another driver caused your injuries and is financially responsible, your health insurance company is entitled to part of your settlement to cover their expenses. This makes your health insurance more of a loan than actual coverage. To find out if your health insurance require repayment, contact an attorney or review your health insurance contract.

If you are not aware of this, it can be disastrous for your claim. We have spoken to people who have settled their claim assuming they didn't have to pay back their health insurance company. After the settlement was signed, they ended up losing part of their settlement to their health insurance company, with little left over to cover lost wages and pain and suffering.

That is why we recommend consulting with an experience personal injury attorney before you speak to the adjuster. We like to tell clients when they can settle cases themselves, particularly if they didn't need to go tot he hospital. However, if you had to use your health insurance to pay for expensive medical bills, you may need an attorney to negotiate your claim with the insurance company so you get all the money you need to cover your medical bills, lost wages, and pain and suffering.