Can the judge order restitution be paid to the insurance company for medical expenses incurred by the victim of a crime?
Generally, the answer is “NO”. In Virginia, the public policy as set out by the legislature in § 38.2-3405 states that it is unlawful for an insurance contract providing hospital, medical, surgical and similar or related benefits to contain any provision providing for subrogation of any person’s right to recovery for personal injuries from a third person. Generally, there is no subrogation for medical expenses in personal injury in Virginia.
Exceptions to this general rule, include all state and federal benefits plans (Medicaid, Medicare, VCUHS, and other State Hospitals, etc.), worker’s compensation and ERISA plans for companies that are fully self-insured.
If you have been charged with a crime or you are appealing your conviction, you should contact us immediately.
Hull Street Law
a division of Thomas H. Roberts & Associates, PC
105 S 1st Street, Suite H
Richmond, Virginia 23219
(804) 230-4100 fax
The materials are prepared for information purposes only. The materials are not legal advice and you should not act upon the information without seeking the advice of an attorney. Nothing herein creates an attorney-client relationship.