Who Pays the Medical Bills in a Virginia Auto Accident​?

Car accidents can disrupt your life, and specifically, injuries can result in unexpected medical bills that likely do not fit into your budget. Moreover, if you did not cause your accident, you should not be responsible for paying these bills, right? Then, who should pay them? Unsurprisingly, this is one of the most common questions injured auto accident victims have. 

At Geoff McDonald & Associates, we can evaluate what happened in your collision and advise on who should pay the medical bill in your Virginia auto accident. Never wait to schedule your free consultation with our car accident lawyers today. 

Virginia is a Fault-Based State for Auto Insurance

Virginia follows a fault-based system for auto insurance. This means the party at fault for the accident is responsible for paying for the damages, including medical bills. Virginia law requires all drivers to carry minimum liability insurance coverage to protect against these expenses. 

The Insurer of Liable Parties Should Pay Medical Bills in a Virginia Auto Accident

Because of the fault-based or “tort” auto insurance system, the insurance company of the liable party should cover the medical expenses of injured victims who were not to blame. This includes costs for: 

• Emergency room visits
• Hospital stays
• Surgery
• Doctor’s appointments
• Medication
• Physical therapy
• Chiropractors
• Specialists
• Medical equipment
• Home healthcare
• Any other necessary treatment

It is also important to consider future medical expenses if you have serious injuries that require ongoing treatment. Our auto accident lawyers always calculate estimated future medical costs as part of your insurance demand to ensure you are not left footing those bills. We can also address how to manage your medical bills while your claim is pending, which can be an understandable concern. 

Who are the Possible Liable Parties?

There are several potentially liable parties in a Virginia auto accident that might be obligated to cover your medical bills, including:

Other Drivers

If another driver’s negligence led to the accident and your injuries, their insurance company should be responsible for paying your medical bills. Negligence can include actions such as distracted driving, drunk driving, reckless driving, or violating traffic laws. 

Employers of Drivers

If the person who caused the accident was driving as part of their job at the time of the collision, their employer may share liability under the legal principle of respondeat superior. In this case, their employer’s insurance policy may be responsible for paying your medical bills and other damages.

Government Entities

If the accident was caused by a government employee, such as a law enforcement officer or public transportation driver, the government entity may be responsible for your medical bills. However, pursuing a claim against a government entity can be more complicated due to specific rules and limitations. 

No matter who is liable, getting your bills covered through the claim process can be more challenging than it should be. You always want a trusted car accident attorney handling your claim and fighting for full compensation. 

What if the Driver is Uninsured?

If the at-fault driver is uninsured or underinsured, recovering funds for your medical bills the traditional way can be difficult or impossible. One option is to turn to your uninsured/underinsured motorist coverage to pay your medical bills. You can expect the same challenges in the claim process with your own insurer as you might encounter in a third-party claim, so you want your car accident lawyer to handle this process, as well.

Some other options that might help cover medical bills include:

• MedPay or Medical Payments coverage (if you carry it)
• Health insurance
• Medicaid/Medicare
• Workers’ compensation (if you were driving on the job when the crash occurred) 

Speak with a Virginia Auto Accident Attorney

If you are wondering who will pay your medical bills from an auto accident in Virginia, Geoff McDonald & Associates is here to help. Our experienced car accident attorneys know the ins and outs of Virginia’s fault-based system and can fight for the compensation you deserve. Contact us today at 804-888-8888 or online to schedule a free consultation and let us take care of your legal needs.