If you’ve been injured in a Virginia car accident, you’re probably hearing all kinds of advice. Some advice may be helpful, but some are flat-out wrong. One of the most common areas of confusion is who should pay your medical bills after a crash. Unfortunately, some medical providers, especially chiropractors, give guidance that directly violates Virginia law and puts injured people at risk.
Below is an explanation of what the truth behind this question is so that you can have the answers you deserve. You can also watch our Youtube video “Who Pays for Your Medical Treatment After an Accident?“. In the video I will use examples of common misconceptions and explain what Virginia law actually say about your rights.
No — the at-fault driver’s insurance does not pay your bills as they come in
This is one of the biggest misconceptions people hear after a wreck.
A lot of people assume the at-fault insurance company will cover their treatment as they receive it. That sounds nice, but it’s completely false.
Here’s the truth:
- The at-fault insurer only pays at the end through a settlement or verdict.
- They do not pay bills as you go.
- They do not open their checkbook just because their driver caused the crash.
So the real question becomes:
“Who pays my medical bills in the meantime?”
Thankfully, Virginia law gives a very clear answer.
Virginia Law Requires Providers to Bill Your Health Insurance First
There is a specific statute that controls this issue:
Virginia Code § 8.01-27.5
This law requires any in-network healthcare provider who treats you after a car accident to bill your health insurance first — not the auto insurance, not MedPay, and not you.
Here’s the key language:
“An in-network provider… shall submit its claim to the health insurer.”
“Shall” means must. It’s not a suggestion or an optional step. It’s the law.
Under § 8.01-27.5, your provider cannot:
- Demand payment from you directly
- Send the bill to your auto insurance instead of your health insurance
- Refuse to accept your health insurance “because it was a car accident”
- Delay billing until your case settles
If they do any of those things, they’re breaking the law.
Penalties Are Harsh for Providers Who Ignore the Law
Virginia takes this seriously. If a provider refuses to bill your health insurance, they risk losing several important rights.
Under the statute:
1. You have no obligation to pay them for that treatment
If they fail to bill your health insurance as required, they can’t come after you for the unpaid balance.
2. They lose their right to assert a lien
This prevents them from taking money from your injury settlement.
3. They’re prohibited from collecting payment from MedPay
They can’t try to collect from your auto insurance’s medical coverage either.
These penalties are meant to protect injured people from unfair billing practices.
So why do some chiropractors and providers ignore the law?
Because they want to charge more.
Health insurers have negotiated contracted rates. These rates are typically lower than what many providers want to collect. Auto insurers do not have such negotiated rates, so some providers try to maximize what they get paid by bypassing your health insurance entirely.
Common phrases patients hear:
- “We don’t take health insurance for car accidents.”
- “We only bill auto insurance.”
- “We’ll just wait until your case settles.”
These sound helpful, but they are illegal and harmful.
Skipping health insurance:
- Hurts your injury case
- Damages your credit
- Creates inflated bills that reduce your net recovery
More money for the provider almost always means less money for you.
How it’s supposed to work after an accident
Here’s the correct legal order:
1. You receive treatment
See your doctor, chiropractor, physical therapist, or specialist. Your recovery is always the most important thing, no matter what.
2. They bill your health insurance
You pay your usual co-pays and deductibles. This is just like any other medical visit.
3. At the end of your case, the at-fault insurer reimburses you
This happens through your final settlement or verdict.
4. MedPay (Medical Payments Coverage) helps you even more
MedPay can reimburse your out-of-pocket costs, even if your health insurance already paid the bill.
But the order never changes:
Health insurance goes first — always.
What to do if a provider refuses to follow the law
If a medical provider tells you:
- “We won’t bill your health insurance,”
- “We only bill auto,” or
- “We’ll wait for settlement money”
…you need to push back.
Tell them:
“Under Virginia Code § 8.01-27.5, you are required to bill my health insurance.”
If they still refuse, contact our office. We deal with these issues all the time, and we can help you get it fixed quickly before it harms your case.
So who pays for your medical treatment after a Virginia car accident?
Your health insurance pays first.
The at-fault insurance reimburses you later.
If anyone tells you something different, especially if they refuse to bill your insurance, that’s a red flag.
Need help after a car accident? We’re here.
If you’ve been injured and want guidance on medical billing, treatment, or the claims process, our team would be glad to talk with you. We help people across Virginia every day navigate these exact issues. Reach out to us and tell us what you need help with and we will be glad to review your options with you.
If you’d like to learn more about the payment process, go watch
“Do I Have To Reimburse My Health Insurance For What It Paid?”
The answer is usually no, but there are big exceptions that could affect your recovery.
