Piggy backing: OP said Virginia. The optimal answer to OP's question potentially results in a triple recovery of medical bills. One payment to the provider. Two (plus pain and suffering) for OP. OP should ask his health insurance to pay for the treatment first. Then he should take the Explanation of Benefit forms and medical bills and present them to his friend's insurer to apply for "med pay" coverage if his friend purchased that optional coverage. Finally, OP should contact the at-fault driver's liability insurer and seek payment for medical bills and pain and suffering. If OP's health insurance is through a self-insured employer (his own or his parents, etc.), then ERISA preemption will preempt Virginia's anti-subrogation statute (because the self-insured plan is excepted from exception by the deemer clause application to the savings clause in ERISA). If OP's health insurance is through the federal government (whether employment, Medicare, or medicaid), the anti-subrogation statute will also be preempted. If anti-subrogation is preempted then the med-pay will repay the health insurance, or if it is not available, the liability company will pay back the health insurance. OP can still recover some money from the liability insurer off the pain and suffering portion of his claim. If the anti-subrogation statute is not preempted (e.g. OP works for a small company that does not self-insure or obtained health insurance from some other source), then he has the potential for a triple recovery: (1) health insurance pays his provider, (2) med pay pays him (3) at fault driver's liability insurer pays him. If the liability insurer refuses to pay an appropriate amount, OP must sue the driver and not the liability company in order to recover.