Hurt in a car crash: medical bills in Virginia: what to do

Checked against official sources: Oct 24, 2026

In Virginia:

Notice or claim deadline for your own PIP / no-fault benefits
No PIP is required.
Deadline to sue for a personal injury
2 years
Do this now
If you are badly hurt, call 911. If you feel any pain after the crash, get checked the same day or as soon as you can, even if it seems minor.

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General legal information, not legal advice. RobinClaim is not a law firm.

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Your plan for Virginia

Do now

  1. If you are badly hurt, call 911. If you feel any pain after the crash, get checked the same day or as soon as you can, even if it seems minor.

    Why: Some injuries show up hours or days later. Early medical records also connect the injury to the crash.

  2. Tell every doctor, ER and clinic that the injury came from a car crash, and give them your auto insurance and claim number as well as your health insurance card.

    Why: Providers bill differently for crash injuries: in PIP states they usually bill your auto insurer first, and your health plan may ask about the crash.

  3. Tell your own auto insurer about the crash and your injury right away, and ask what medical coverage you have (PIP, medical payments) and the deadline to file for it.

    Why: Policies require prompt notice, and some states set short PIP deadlines by law (see your state below).

  4. Start a folder (paper or phone) for everything: photos of injuries, the police report number, the other driver's insurance, and every bill and receipt.

    Why: You can only claim costs you can prove, and records are easiest to collect at the start.

  5. If the other driver's insurer calls, you can give basic facts, but you do not have to give a recorded statement or sign a medical release or settlement right away.

    Why: An early settlement usually ends your claim, before you know how much treatment you will need.

This week

  1. File your PIP or medical payments claim with your own auto insurer in writing, and keep a copy.

    Why: In no-fault and PIP states, your own PIP pays medical bills and part of lost wages first, whoever caused the crash. Medical payments coverage, if you bought it, also pays regardless of fault.

  2. Open an injury (bodily injury) claim with the other driver's insurer. Ask for the claim number and adjuster's name, and tell them you are still being treated.

    Why: In fault-based states their liability insurance pays your medical bills, lost wages and pain and suffering, usually in one settlement at the end.

  3. If you caused the crash, your own coverage pays your medical bills: PIP or medical payments if your policy has them, then your health insurance. See the plan for a crash you caused for claims against you.

    Why: The other driver's liability insurance pays only for injuries their driver caused, so it usually will not pay yours.

  4. If fault is shared or unclear, check your state's comparative fault rule below before you accept or argue an insurer's fault decision.

    Why: In most states your share of fault reduces what you can get from the other driver; in a few states (for example, Maryland, North Carolina, Virginia and DC for drivers) any fault can bar you. PIP and medical payments pay regardless of fault.

  5. Read your state's insurance system below and check whether your crash is likely to meet its threshold for suing for pain and suffering.

    Why: In no-fault states you can sue the other driver for pain and suffering only for serious injuries or medical bills over a set amount.

  6. Give your health insurance to every provider, and ask your health plan whether it needs a form about the accident.

    Why: Health insurance can pay what PIP does not cover or after PIP runs out; many plans ask about other insurance that might pay.

  7. Call Medicare's Benefits Coordination & Recovery Center (1-855-798-2627) to report the crash and any insurance claim or lawyer.

    Why: Medicare may pay bills conditionally while the auto or liability insurer has not paid, and has the right to be repaid from a settlement.

  8. Tell your state Medicaid office or plan about the crash and the insurance claim.

    Why: Medicaid can also seek repayment from a settlement for crash-related care it paid; ask your Medicaid office how it handles this.

  9. If you have no health insurance, ask each hospital about its financial assistance (charity care) policy, and ask providers to bill your PIP or medical payments coverage or hold bills while your claim is open.

    Why: Many hospitals have financial assistance programs, and a provider that knows about the claim may wait instead of sending the bill to collections.

  10. Keep a running record: each visit, prescription, mileage to appointments, days missed from work (ask your employer for a letter about lost pay), and short notes on pain and what you cannot do.

    Why: Lost wages and out-of-pocket costs are part of the claim, and notes made at the time are more convincing than memory.

  11. Request copies of your medical records and itemized bills.

    Why: Insurers ask for them, and you need them to check that bills are only for crash injuries.

If it's not resolved

  1. Finish treatment, or reach the point where your doctor says how you will recover, before you settle the injury claim.

    Why: Once you sign a release you usually cannot ask for more, even if the injury turns out worse.

  2. Before you settle, ask your health plan, Medicare or Medicaid in writing for the amount it says you must repay from the settlement, and check it lists only crash-related care.

    Why: Repayment claims (liens or subrogation) come out of your settlement; errors in them are common and can be disputed.

  3. If a provider sends a crash bill to collections while your claim is open, tell them in writing about the PIP or insurance claim (template below), and see the plans for a medical bill that seems too high or medical debt in collections.

    Why: Providers can bill auto or health insurance first; a dispute in writing is your record.

  4. If your PIP or the other driver's insurer delays or denies payment without a clear reason, see the plan for a denied insurance claim and file a complaint with your state insurance department.

    Why: State insurance departments handle complaints about how insurers handle claims, for free.

  5. Watch your state's deadline to sue for a personal injury. If you have not settled as it gets close, talk to a lawyer.

    Virginia: 2 years

    Why: After the deadline you usually lose the right to sue; settlement talks do not stop the clock.

Deadlines

Notice or claim deadline for your own PIP / no-fault benefits

General rule: Set by your policy and, in some states, by law (for example, a written no-fault claim within 30 days in New York; first medical care within 14 days to use PIP medical benefits in Florida; 60 days to choose PIP benefits in DC). See state.

In Virginia:

No PIP is required. The at-fault driver's liability insurance pays for injuries and damage they cause. Medical expense and loss of income benefits coverage is optional and pays your medical and funeral costs even if you caused the crash (SCC Bureau of Insurance guide).

Law: Va. Code § 46.2-472; SCC Bureau of Insurance, Virginia Auto Insurance Guide · checked Oct 2026 · Official source · From Accident Claim Map: Virginia

Deadline to sue for a personal injury

General rule: see state

In Virginia:

2 years

checked Oct 2026 · From Small Claims Map: Virginia

Written notice of claim before suing a city, county, state or other government body (for example, a crash with a government vehicle or bus)

General rule: Often much shorter than the deadline to sue (for example, 90 days in New York, 6 months in California and DC). See state.

In Virginia:

Claims against the Commonwealth or a transportation district: file a written notice of claim within 1 year (Va. Code § 8.01-195.6). Negligence claims against a county, city or town: file a written notice within 6 months (Va. Code § 15.2-209). Small claims court cannot hear suits against the Commonwealth or state employees over their official duties.

Law: Va. Code § 8.01-243(A) (personal injury, 2 years) and (B) (injury to property, 5 years) · checked Oct 2026 · From Accident Claim Map: Virginia

Tell your own auto insurer about the crash

General rule: Set by your policy ('prompt' notice). Do it within days.

Report the crash to police or the state when the law requires it

General rule: see state

In Virginia:

Calling the police
After any crash where someone is hurt or killed, or an attended car or other attended property is damaged, you must stop and right away give your name, address, driver's license number and registration number to the State Police or local police, or to the injured person, the other driver or an occupant, or the property owner. If you were hurt and could not, report to police as soon as reasonably possible. Leaving without doing this is a crime: a felony if anyone is hurt or killed or property damage is over $1,000, otherwise a misdemeanor.
Report to the state
No required driver report to the DMV. A police officer who investigates a crash with injury, death or apparent property damage of $3,000 or more sends a written report to the DMV within 24 hours after finishing the investigation. You may file your own written report with the DMV on its form (for example, if you think the other car was uninsured).

Law: Va. Code §§ 46.2-894, 46.2-373, 46.2-372 · checked Oct 2026 · Official source · From Accident Claim Map: Virginia

Key facts for Virginia

Accident Claim Map

Fault or no-fault state
Fault (tort)
Shared fault rule
Contributory negligence
Deadline to sue: injury
2 years
Deadline to sue: car damage
5 years

Accident Claim Map: Virginia · checked Oct 2026

Documents to gather

  • Police report number and copy
  • Your auto policy declarations page (shows PIP, medical payments, uninsured motorist coverage)
  • Claim numbers and adjuster names (your insurer and the other driver's)
  • Medical records, itemized bills and health plan Explanation of Benefits statements
  • Receipts for prescriptions, devices, mileage and other out-of-pocket costs
  • Letter from your employer about missed work and lost pay
  • Photos of injuries over time and a short pain and activity diary
  • Any letters from health plans, Medicare or Medicaid about repayment

Letters you can send

Fill in the boxes; the letter updates as you type. When every box is filled, download it as a PDF.

Notice of injury claim to the at-fault driver's insurer

Put the insurer on notice in writing that you were injured and are still being treated, and ask it to confirm the claim.

[Date of the letter]

To: [Insurer name]
[Their mailing address]
Re: Injury claim, your insured [Insured name], crash on [Date of crash] at [Crash location], claim [Claim number]

I was injured in the crash on [Date of crash] involving your insured. My injuries include: [Injury description]. I am being treated by [Treating providers] and my treatment is not finished.

Please confirm in writing that you have opened an injury claim, and send me the name and contact details of the adjuster. I will send my medical bills and records when treatment is complete or as you request. Please send any settlement proposal or release to me in writing.

[Your name]
[Your address (where they should reply)]

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Sign it, keep a copy, and send it by certified mail with a return receipt so you can prove it was delivered.

Letter to a medical provider about a crash bill

Ask a provider to bill your PIP, medical payments or health insurance and to hold collection while the claim is open.

[Date of the letter]

To: [Provider name]
[Their mailing address]
Re: Account [Account number], services on [Date of service]

These services were for injuries from a car crash. Please bill my auto insurer, [Auto insurer name], claim [Auto claim number], and my health plan, [Health plan name], member ID [Health member id], as applicable.

Please send me an itemized bill, and please do not send this account to collections while the insurance claims are being processed. Tell me in writing if you need anything else from me.

[Your name]
[Your address (where they should reply)]

By downloading, you agree that we save the details you entered, as explained in our Privacy Policy.

Sign it, keep a copy, and send it by certified mail with a return receipt so you can prove it was delivered.

Where to go

Costs

Filing PIP, medical payments and liability claims, and complaints to the state insurance department, is free. Most PIP policies have limits and some have deductibles or copays (for example, Florida PIP pays 80% of reasonable medical bills). Injury lawyers usually work on a contingency fee (a share of what you recover), so ask what percentage, whether costs come out before or after it, and get it in writing.

Talk to a lawyer if

  • You were seriously hurt (hospital stay, surgery, broken bones, a lasting injury) or someone died
  • Your medical bills are larger than the PIP limit or the other driver's insurance limits
  • The insurer says you were partly at fault, or your state's no-fault threshold is in dispute
  • A health plan, Medicare or Medicaid claims a large repayment from your settlement
  • The crash involved a commercial truck, a rideshare driver or a government vehicle
  • Your state's deadline to sue is close and the claim is not settled

Free help

Free legal aid: the Legal Services Corporation's 'I Need Legal Help' page (lsc.gov) finds the legal aid office for your area, and LawHelp.org lists free legal help by state. Many state bar associations run lawyer referral services with low-cost first meetings. Your state attorney general or consumer protection office takes consumer complaints for free (find it on USA.gov).

Guides for your state

Guides for every state

Questions

Notice or claim deadline for your own PIP / no-fault benefits in Virginia: what is the rule?

No PIP is required. The at-fault driver's liability insurance pays for injuries and damage they cause. Medical expense and loss of income benefits coverage is optional and pays your medical and funeral costs even if you caused the crash (SCC Bureau of Insurance guide). (Va. Code § 46.2-472; SCC Bureau of Insurance, Virginia Auto Insurance Guide)

What is the deadline to sue for a personal injury in Virginia?

2 years

Written notice of claim before suing a city, county, state or other government body in Virginia: what is the rule?

Claims against the Commonwealth or a transportation district: file a written notice of claim within 1 year (Va. Code § 8.01-195.6). Negligence claims against a county, city or town: file a written notice within 6 months (Va. Code § 15.2-209). Small claims court cannot hear suits against the Commonwealth or state employees over their official duties. (Va. Code § 8.01-243(A) (personal injury, 2 years) and (B) (injury to property, 5 years))

Tell your own auto insurer about the crash: what is the rule?

Set by your policy ('prompt' notice). Do it within days.

Report the crash to police or the state when the law requires it in Virginia: what is the rule?

Calling the police: After any crash where someone is hurt or killed, or an attended car or other attended property is damaged, you must stop and right away give your name, address, driver's license number and registration number to the State Police or local police, or to the injured person, the other driver or an occupant, or the property owner. If you were hurt and could not, report to police as soon as reasonably possible. Leaving without doing this is a crime: a felony if anyone is hurt or killed or property damage is over $1,000, otherwise a misdemeanor. Report to the state: No required driver report to the DMV. A police officer who investigates a crash with injury, death or apparent property damage of $3,000 or more sends a written report to the DMV within 24 hours after finishing the investigation. You may file your own written report with the DMV on its form (for example, if you think the other car was uninsured). (Va. Code §§ 46.2-894, 46.2-373, 46.2-372)

When should I talk to a lawyer?

You were seriously hurt (hospital stay, surgery, broken bones, a lasting injury) or someone died; Your medical bills are larger than the PIP limit or the other driver's insurance limits; The insurer says you were partly at fault, or your state's no-fault threshold is in dispute; A health plan, Medicare or Medicaid claims a large repayment from your settlement; The crash involved a commercial truck, a rideshare driver or a government vehicle; Your state's deadline to sue is close and the claim is not settled.

How much does it cost?

Filing PIP, medical payments and liability claims, and complaints to the state insurance department, is free. Most PIP policies have limits and some have deductibles or copays (for example, Florida PIP pays 80% of reasonable medical bills). Injury lawyers usually work on a contingency fee (a share of what you recover), so ask what percentage, whether costs come out before or after it, and get it in writing.

Plans by state

Open the plan with one state's rules filled in:

Sources

All sources (8)

Plan checked Oct 2026. Independently fact-checked 2026-10-24.

This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case. How we research.