What sources can pay a medical bill?
The statutes in this guide identify the following sources.
- Medical expense benefits on your own auto policy, if you bought them. See the next section.
- Your health insurance, if you have it. Ask your insurer about its claim and reimbursement terms.
- The recovery from your claim, from which statutory liens are paid. See the lien section below.
Confirm the order with your insurers and with a lawyer. If the at-fault driver has no insurance, see the uninsured motorist coverage guide. Keep every bill and statement.
What are medical expense benefits?
Medical expense benefits are optional auto coverage for medical costs after a crash. Under Va. Code § 38.2-2201, an insurer provides, on request and payment of premium, all reasonable and necessary expenses for medical, hospital, dental, surgical and related care incurred within three years after the accident, up to $2,000 per person. The insured and insurer may agree to another limit if the insured does not elect this one.
The insured may buy either or both of the coverages in subdivisions A 1 and A 2 (Va. Code § 38.2-2201(B) (opens in a new tab)). Look for this coverage on your declarations page.
What liens can attach to a recovery?
A lien is a claim on money that you may recover. Va. Code § 8.01-66.2 gives a lien to a hospital, nursing home, physician, nurse, physical therapist, pharmacy, or emergency medical services provider or agency for a just and reasonable charge for its service. The lien attaches to the injured person's claim, or the personal representative's claim, against the person, firm or corporation whose negligence caused the injury.
The caps are $2,500 for a hospital or nursing home; $750 for each physician, nurse, physical therapist or pharmacy; $200 for each emergency medical services provider or agency.
The Commonwealth has a separate lien for amounts paid under the Virginia Medical Assistance Program. Reasonable legal fees and costs are deducted from the total recovered, and the lien may be compromised under § 2.2-514.
| Lienholder | Cap | Statute |
|---|---|---|
| Hospital or nursing home | $2,500 | § 8.01-66.2 (opens in a new tab) |
| Each physician, nurse, physical therapist or pharmacy | $750 | § 8.01-66.2 (opens in a new tab) |
| Each emergency medical services provider or agency | $200 | § 8.01-66.2 (opens in a new tab) |
| Commonwealth (Medical Assistance Program) | Total amount paid; fees and costs deducted | § 8.01-66.9 (opens in a new tab) |
Can the defendant point to your insurance payments?
Va. Code § 8.01-35 provides that loss-of-income damages in a personal injury or death suit are not diminished by income reimbursed from another source, and the reimbursement is not admitted into evidence. The section does not state a general rule for medical bills (Va. Code § 8.01-35 (opens in a new tab)). A lawyer can tell you how payments by your health insurer are treated in your case. To check how long you have to file, use the claim deadline checker.
What records should be kept?
- Itemized bills and statements from every provider.
- Explanation-of-benefits forms from your health insurer.
- Payments you made, with dates and receipts.
- Letters from providers or the Commonwealth about liens.
- Records of lost income, since § 8.01-35 addresses that item.
- A log of treatment dates, with the provider's name.
Keep them in one folder. A lawyer or adjuster will ask for the same set. See how to deal with an insurance adjuster, and how bills fit into the claim timeline.
Frequently asked questions
Which providers can hold a lien on my recovery?
Va. Code § 8.01-66.2 lets a hospital, nursing home, physician, nurse, physical therapist, pharmacy, or emergency medical services provider or agency hold a lien for a just and reasonable charge. The Commonwealth holds a separate lien for Medical Assistance payments under § 8.01-66.9. Each lien attaches to your claim against the person whose negligence caused the injury.
What is a hospital lien?
A lien is a legal claim against money you may recover. Va. Code § 8.01-66.2 gives a hospital or nursing home a lien for a just and reasonable charge, capped at $2,500, attached to your claim against the person whose negligence caused the injury. Other providers have lower caps.
Is medical expense coverage optional in Virginia?
Under Va. Code § 38.2-2201, insurers provide medical expense benefits on request and payment of premium, and the insured may buy either or both of the coverages in subdivisions A 1 and A 2. Check your policy declarations to see whether you bought it and at what limit.
Do lost wages reimbursed by another source reduce my damages?
Under Va. Code § 8.01-35, loss-of-income damages in a personal injury or death suit are not reduced by income reimbursed from another source, and the reimbursement is not admitted into evidence. The section addresses lost income only. Ask a lawyer how payments toward medical bills are treated in your particular case.
Last reviewed · Reviewed by the Roanoke Crash Lawyer Guide editorial team