Do I have to pay my health insurance back if I recover money from a car accident case?
The general rule in Virginia is “NO”; although, in many other states you are required to do so.
The exceptions to this rule in Virginia include, but are not limited to: Workers’ Compensation payments; Medicare; Medicaid; ERISA plans (self-funded by the employer); or other state or federal programs. They must be paid back; however, the good news is you only have to pay back what the program or plan paid (rarely 100% of the bill) and the at-fault driver has to pay 100% of your bills – even if health insurance has already paid them. If you don’t receive any money for your injuries, you don’t have to pay back Medicare, Medicaid, ERISA plans, Workers’ Compensation, or other state or federal programs. Read Virginia Code 38.2-3405 regarding Virginia’s position on paying back your health insurance company.