Legal Question in Personal Injury in Virginia

I was involved in a auto accident though I was not at fault (in Virginia). The other party's insurance company paid my medical bills, and I filed suit for pain and suffering damages, etc. My lawyer came to me with the settlement offer, and said that the other party's insurance company has to be reimbursed for the paid medical expenses. This doesn't sound right. It seems like they paid my expenses because their insured was at fault, and I shouldn't have to reimburse them out of my pain and suffering settlement. It's the same insurance company that we're suing along with their defendant, the insured. What do you think?

Asked on 4/25/17, 10:29 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Yes, if it's the same insurance company that paid your medical bills, it can now require as part

of its settlement offer for your damages for pain/suffering that you reimburse the company for

these medical expenses. (You don't have to accept this offer and could request that your attorney

further negotiate it that would either reduce or eliminate this requirement for reimibursement.)

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Answered on 4/26/17, 6:33 pm

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