In a Virginia car accident case, can I claim all of the medical bills even if I have health insurance?

 

A: Yes, you can claim the full amount of your medical bills in the Virginia personal injury case against the person that caused the collision.  Your health insurance is considered a collateral source and you are the person who gets the benefit of the health insurance and not the person that caused the collision.  You are after all the one that pays for the premiums for the health insurance coverage. 

Example:  You go to the hospital and receive a bill for $1,000.  Your co-pay is $100, your health insurance company pays $400 and the other $500 is written-off.  The write-off is a contracted amount between your health insurance carrier and your medical provider.  At trial on your Virginia car accident case, you can claim the full $1,000 medical bill.

NOTE:  This scenario does not apply for medical expense coverage, only for liability coverage.