Unlike other states with no-fault insurance systems, Virginia is a traditional at-fault state in which the person responsible for causing a car accident is required to carry PIP insurance. Although traditional PIP coverage is generally not offered in Virginia, motorists can purchase Medical Expense Benefits Coverage and Loss of Income Benefits Coverage, which provide many of the same benefits as PIP coverage. An experienced car accident lawyer will discuss the details of the accident, assist you with the claims process, and ensure that you recover the compensation you deserve.
Am I Required to Carry PIP Coverage in Virginia?
PIP coverage is a widely misunderstood aspect of auto insurance. It is a form of insurance designed to cover costs associated with a car accident, regardless of who is at fault. PIP coverage is generally referred to in Virginia as Medical Expense Benefits, or MedPay.
Although PIP coverage is mandatory in no-fault states, it is optional in at-fault states such as Virginia. In fact, motorists in Virginia are not required to carry motor vehicle liability insurance if they pay a $500 uninsured motor vehicle fee to the Virginia Department of Motor Vehicles. However, it is highly recommended that you purchase it as an add-on to your auto insurance policy. This will provide valuable immediate benefits while liability claims are being investigated and resolved.
What Expenses Are Covered By MedPay?
According to Virginia law, insurers must notify policyholders that optional medical expense coverage is available. These benefits may cover a range of reasonable and necessary medical expenses associated with a car accident, regardless of fault, including the following:
- Emergency room treatment
- Hospital bills
- Physician services
- Surgical procedures
- Rehabilitation therapy
- Chiropractic care
- Dental treatment
- Prosthetic devices
- Funeral expenses if the accident caused a fatality
What Is Not Covered by MedPay?
When purchasing options insurance coverage, it is important to consider what is covered and what is not so that you can make the most informed decision. The following are examples of damages that MedPay does not cover:
- Lost wages
- Pain and suffering
- Vehicle repairs
- Long-term disability
What Coverage Limits Are Available in Virginia?
Insurers are legally required to offer a minimum level of optional medical expense coverage to all policyholders. Coverage options range from $2,000 per person to $50,000 with some insurers. Oftentimes, Virginia Beach motorists opt to carry $2,000 because it is the default minimum offered by most insurers. However, considering the high traffic density, heavy tourism, and frequent military commuting in Virginia Beach, that minimum coverage is not enough to cover the costs associated with a serious personal injury. Even a relatively minor injury can generate medical bills that exceed the $2,000 limit.
The following are examples of scenarios that can cause medical expenses to surpass the basic coverage amounts:
- The cost of an ambulance ride can range from hundreds to thousands of dollars.
- An emergency room evaluation can easily exceed several thousand dollars.
- CT scans, MRIs, and other diagnostic imaging can quickly accumulate into the thousands of dollars.
- If physical therapy is required for weeks or even months after the injury, this can be a significant expense.
How Do MedPay Coverage Limits Affect Common Virginia Beach Accident Scenarios?
The costs associated with a car accident can vary dramatically based on the severity of the accident. The amount of MedMay coverage you carry can significantly affect your financial situation after the accident. The following are examples of common accident scenarios in Virginia Beach, and how the different limits may play out:
- You are rear-ended near the Witchduck Road exit on I-264, causing you to suffer whiplash. This results in the following medical expenses:
- ER visit: $1,800
- CT scan: $1,200
- Follow-up visits: $600
- Physical therapy: $2,000
- Total costs: $5,600
- If you only carry the minimum coverage of $2,000, you are responsible for paying the remaining $3,600 until the at-fault driver’s insurer reimburses them. If you have $5,000 in MedPay coverage, almost the entire will is covered.
- If you were struck by a car while walking across Atlantic Avenue near the Oceanfront, resulting in serious injuries, you could incur the following damages:
- Ambulance: $900
- ER trauma care: $4,000
- MRI: $1,500
- Orthopedic follow-up care: $1,200
- Total: $7,600
- With only $2,000 in MedPay coverage, you face a significant financial strain if you are responsible for the remaining $5,000. With $10,000 of coverage, you avoid immediate debt and can focus on your recovery.
- If you are a service member stationed at Oceana and a distracted river hits you, TRICARE covers active-duty service members, active-duty family members, National Guard and Reserve members, and their families, and retirees. MedPay provides coverage for costs that TRICARE may not cover, including:
- Copays
- Out-of-network providers
- TRICARE does not cover chiropractic care
How Much MedPay Coverage Should I Carry?
Although every motorist’s situation is unique, it is highly recommended that you consider increasing the amount of coverage, particularly if you live in Virginia Beach, where there are high rates of multi-vehicle crashes, frequent pedestrian accidents, high uninsured driver rates, and the high cost of care from Sentara Virginia Beach General Hospital and other local ERs. The following are the recommended coverage amounts:
- Minimum: $5,000
- Ideal: $10,000
- Ideal for families: $25,000
- If you have multiple vehicles: Stack coverage for increased protection. For example, if you own three vehicles and have $5,000 in MedPay coverage for each, your total available MedPay after an accident is $15,000. This can be a game-changer if you are involved in a serious car accident.
What Factors Should I Consider When Purchasing MedPay Coverage?
When purchasing auto insurance, there are several factors that may justify opting for higher coverage limits, including the following:
- Family responsibilities. If you are married or have children, you may want to purchase additional protection against potential medical expenses and lost income if you are involved in a serious car accident.
- Limited emergency savings. If you do not have a substantial amount of savings, you could face significant financial hardship if you require costly medical care after a car accident.
- Frequent driving. If you spend a significant amount of time driving on roads and highways in Virginia Beach, you face a greater accident exposure.
- High-deductible health plans. If your health plan has a high deductible, the MedPay/PIP coverage may provide a valuable first-dollar coverage following a car accident.
You cannot increase your coverage limits after an accident. Often, motorists make decisions about insurance coverage based on cost rather than the benefits it provides in the event of a car accident. While it may be tempting to select the minimum coverage amount, opting for a more substantial amount can help reduce immediate financial pressure from costly medical bills. Once an accident occurs, you may not increase your coverage limits for that event.
How Can a Car Accident Lawyer Help Me with My Claim?
If you have questions or concerns about the claims process and how to ensure that you recover the financial compensation you are entitled to under your policy, it is in your best interest to contact an experienced car accident lawyer. The following are examples of some of the ways that a lawyer can assist you with your claim and ensure that your legal rights are protected:
- Examine your insurance policy to clarify what is covered and ensure that you receive the full benefits to which you are entitled.
- Guide you through the process of filing a claim and ensure that it is filed well before the statute of limitations expires.
- Communicate with the insurance company on your behalf, and negotiate the best possible settlement outcome.
- If the other motorist was at fault for causing the accident, a dedicated car accident lawyer will pursue additional damages that are not covered by your PIP or MedPay coverage, including pain and suffering, property damage, and future treatment costs.
Virginia Beach Car Accident Lawyers at Anchor Legal® Help Clients Navigate the Claims Process
If you were injured in a car accident and you require legal assistance, contact our Norfolk car accident lawyers at Anchor Legal. We offer free consultations for personal injury cases. Call us today at 757-LAW-0000 or contact us online. Located in Virginia Beach, we serve clients in the surrounding area.