Certain subrogation provisions and limitations upon recovery in hospital, medical, etc. Virginia law does not permit state regulated health plans to seek reimbursement, but several federal statutes do.In Virginia, health care insurers are generally not allowed to place liens on another person's compensation in a personal injury claim. Unlike other states, Virginia has laws that prohibit health insurance contracts issued in our commonwealth from having a subrogation clause in their contract. A waiver of subrogation is an agreement where you waive the right for your insurance company to seek compensation from a negligent third party for their losses. Under the ASR, an insured "has no right of subrogation against its own insured for a claim arising from the very risk for which the insured was covered. Virginia's anti-subrogation rule states that a health insurance company may not seek indemnification from its insured. A waiver of subrogation stops an insurer from seeking reimbursement from a third party responsible for a loss after compensating the insured. Liens and subrogation claims are common in Virginia personal injury cases. But they are not always allowed!
