Yes. Virginia applies the collateral source rule.
The collateral source rule states that if an injured person receives compensation for their injuries from a source independent of the person responsible, the payment is not deducted from the damages the responsible person must pay.
In the case of a person injured due to a car accident, the collateral source rule is applied to the injured person’s medical bills when those bills are paid by the injured person’s health insurance company.
In such cases, the injured person is entitled to compensation for all medical bills incurred due to the accident, even though the bills were paid by the injured person’s health insurance company.
Furthermore, the amount the injured person can recover on their medical bills is not reduced if their health insurance company pays less than the face amount.
The collateral source rule states that a person responsible for another person’s injuries is not relieved of their obligation to compensate the injured person simply because they benefited from payments made by their health insurance company.
Writing on the meaning of the collateral source rule and its rationale, the Virginia Supreme Court has said:
The law seems quite well settled that damages, recoverable for personal injuries inflicted through the negligence of another are not to be reduced by reason of the fact that the injured party had been partly compensated for his loss by insurance which he has procured and for which he has paid.
The reason for this rule is that the defendant, who by his negligence, has injured another, owes to such other compensation for the injuries he has inflicted and the payment for those injuries from a collateral source cannot relieve the defendant of his obligation.
If the injured person’s claim results in a lawsuit that goes to trial, the jury hearing the case will not be permitted to know that the injured person had health insurance or that the injured person’s medical bills have been paid.
Instead, the injured person’s medical bills, if properly authenticated, reasonable in amount, and supported by the necessary expert testimony, will be entered into evidence without any indication that the injured person’s health insurance company paid them.
Questions regarding what medical bills an injured person can seek compensation for are specific to the facts of the individual personal injury case, and we encourage you to contact one of our personal injury lawyers in Virginia Beach.
An experienced personal injury lawyer can determine whether the claimed medical bills are related to an injury caused by the car accident and what evidence will be required at trial for introducing the injured person’s medical bills into evidence.
Additionally, personal injury lawyers can determine whether there are any liens on the injured person’s claim arising from unpaid bills from the injured person’s healthcare providers and payment of the injured person’s medical bills by an insurance company or some other entity.
Right to compensation for the face amount of their medical bills incurred as a result of a car accident
To be clear, simply because an injured person may have a right to compensation for the face amount of their medical bills incurred as a result of a car accident does not necessarily mean that the injured person is free of any responsibility to reimburse their health insurance company for the payment of those medical bills.
Sorting out liens arising from the payment of medical bills is complex and specific to the facts of the individual case, so an experienced personal injury lawyer should always be consulted regarding potential liens on an injury claim.
As in all personal injury cases, an experienced personal injury lawyer can also advise the injured person on the value of the claim, guide the injured person through the process of filing a personal injury claim with the applicable insurance company or companies, and represent the injured person in the litigation of the claim if a lawsuit becomes necessary.
Schedule a Consultation With Preston, Wilson & Crandley, PLC
At Preston, Wilson & Crandley, PLC, we are here to help navigate the complexities of post-accident procedures and legal matters. Our experienced team ensures you receive the support and compensation you deserve.
Our attorneys handle injury claims ranging from bicycle accidents, pedestrian accidents, motorcycle accidents, truck accidents, and car accidents to drunk driving accidents and wrongful death claims.
Give us a call and let our experience work for you. We have been helping the people of Virginia since 1955 and are ready to help you. Schedule a consultation to discuss your case.
If you need a Personal Injury Attorney in Virginia Beach, contact us at (757) 486-2700.
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# Virginia collateral source rule