Virginia Subrogation Statute

Virginia Subrogation Statute

Subject of the Subrogation Statute

One of the few codified mentions of subrogation in Virginia deals with medical services rendered arising out of negligence.  VA Code § 8.01-66.4 allows for subrogation where “any person, firm or corporation who may pay the charges for which a lien is provided in §8.01-66.2 shall be subrogated to such lien.”  The lien in question is one automatically created by Virginia law.  The lien arises when one receives medical care arising from a negligent act.  The provider of the services has a lien on the injured person’s claim against the negligent person or entity.

Covered Entities

VA Code § 8.01-66.2 includes the following:

  • hospital, public or private
  • nursing home
  • physician
  • registered nurse
  • registered physical therapist in this Commonwealth
  • receives medicine from a pharmacy
  • ambulance service

Limitations on Recovery

Covered entities are limited to the ” just and reasonable charge for the service rendered, but not exceeding $2,500 in the case of a hospital or nursing home, $750 for each physician, nurse, physical therapist, or pharmacy, and $200 for each ambulance service.”