Legal Question in Personal Injury in Virginia

A few months ago I was rear-ended by a driver who was deemed under the influence of alcohol by the police when they appeard on the sceen. There were no serious injuries but I did take myself to the hospital to have my neck and back checked out. When I arroved at the hospital they asked me if I wanted my medical bills submitted to my medical insurance and I told them no, I wanted his car insurance company to pay my bills. His insurance company is now offering me a minimal settlement which includes my hospital bills. Once the hospital bills are paid I will only receive $500.00. Am I able to request that the hospital submit my medical bills to my medical insurance to see if they will cover the hospital charges and so that I can keep the entire settlement?


Asked on 9/17/10, 5:42 am

2 Answers from Attorneys

Cary Moseley Law Office of Cary Powell Moseley, PLLC

Sure you can and that probably should have been done from the get-go. Consult an attorney if you need help or feel you are being short-changed. Good luck.

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Answered on 9/22/10, 9:37 am
Michael Hendrickson Law Office Michael E. Hendrickson

Yes, you could, but your insurer may claim that they're entitled to be reimbursed

from any settlement proceeds which you may receive from the at fault driver's

insurer. In the law it's known as subrogation.

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Answered on 9/22/10, 5:11 pm


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