Should I Use Health Insurance After a Crash?

Coordination of benefits & subrogation basics for Virginia injury claims.

After a car crash, should you use your health insurance or wait for the other driver’s insurer? Here’s how medical billing, MedPay, and health-plan reimbursement work in Virginia—plus mistakes to avoid.

Short answer

Yes—use your health insurance. It helps you get care quickly, reduces the sticker price of treatment through network discounts, and prevents damaging “gaps” in treatment while the liability case plays out. You can still pursue the at-fault driver’s insurer later.

Who pays what (and when)

Think of post-crash medical bills as a relay race:

1. Your health insurance (private, ACA, employer plan) pays first for covered treatment, subject to copays/deductibles.

2. Auto MedPay (“medical payments coverage”)—if you have it—can reimburse your out-of-pocket amounts (copays, deductibles) regardless of fault.

3. The at-fault driver’s liability insurer may pay in a settlement or judgment—often months later. That payment may need to reimburse certain payers that helped you up front (see “subrogation” below).

Tip: Tell each provider both your health insurance info and your auto claim number. Ask them to bill health insurance first.

Why using health insurance helps your claim

• Lower bills: In-network discounts shrink the total charges, which can increase your net recovery.

• Continuity of care: No waiting for adjuster “approvals.” You get the treatment your doctor recommends.

• Fewer collections headaches: Billing goes to your health plan instead of sitting unpaid while liability is disputed.

• Better documentation: Consistent records strengthen causation (linking injuries to the crash).

Where MedPay fits in

MedPay (an optional add-on in many Virginia auto policies) can:

• Reimburse your copays and deductibles after health insurance pays; or

• Pay providers directly if you prefer.

It’s typically no-fault (you can use it even if fault is disputed). Keep receipts and Explanation of Benefits (EOBs) so your attorney can assemble a clean reimbursement package.

Subrogation & reimbursement—what it means

If your health plan or MedPay pays now and you later receive a settlement, they may have a contractual or statutory right to be repaid from part of that settlement.

Common categories:

• Private/Employer plans: Rights depend on plan language; self-funded ERISA plans often have strong reimbursement terms.

• Medicare/Medicaid/Tricare: Federal/state law requires repayment (with specific procedures and timelines).

• Provider liens: Some Virginia medical providers may assert a lien or assignment of benefits related to your injury claim.

Good news: An attorney can often negotiate reductions so more of the settlement goes to you—especially where bills were discounted, liability is contested, or policy limits are tight.

Billing pitfalls to avoid

• “We’ll just wait for the at-fault insurer.” That can lead to collections and harmful gaps in treatment.

• Signing broad “lien” or assignment forms without review. Ask first.

• Posting about your injuries on social media. Insurers watch; stray comments can undercut your case and medical narrative.

• Missing follow-ups. Gaps in care are used to argue you’re not really hurt or that something else caused your symptoms.

Practical steps (save this)

1. Give providers both your health insurance and the auto claim number.

2. Ask to bill health insurance first.

3. Use MedPay to cover copays/deductibles (keep EOBs and receipts).

4. Track everything: dates of service, providers, mileage to appointments, Rx, devices (braces, TENS, etc.).

5. Send bills/EOBs to your attorney promptly so lien and reimbursement issues are managed early.

6. Don’t give recorded statements to the other insurer without legal guidance.

FAQ

Will using health insurance hurt my case? No. It helps you get care and usually results in lower, negotiated charges. Your claim still seeks the full value of reasonable medical expenses, lost wages, and pain/limitations.

If health insurance pays, do I still owe my deductible/copays? Yes, but MedPay can often reimburse those out-of-pocket costs.

Will my settlement all go to insurance paybacks? No—while some reimbursement is required, strong advocacy can often reduce those claims and improve your net.

What if I don’t have health insurance? Talk to us about provider options, MedPay, and letters of protection where appropriate.

Bottom line

Use your health insurance now, coordinate MedPay to offset out-of-pocket costs, and let your attorney handle subrogation and lien issues so you don’t overpay later. That approach keeps you in care, protects your credit, and positions your Virginia claim for the best outcome.

Need help after a crash? Charles M. Aaron Attorneys at Law helps Southside Virginians navigate medical billing, MedPay, and insurer negotiations while building a strong liability case. Free, no-pressure case review—let’s talk about your next step.

This article is general information, not legal advice. Plan terms and laws vary; speak with an attorney about your specific situation.