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Yes.  You are better off using your health insurance whenever and wherever possible.  It will generally help you and not benefit the at-fault driver who remains responsible for the bill whether you had insurance or not.  In your accident claim, the auto insurer for the careless motorist remains responsible for the medical bill and does not get out of paying because of your health insurance.The normal rule in Virginia (VA) is that your health insurance company will not have to be paid back out of the settlement proceeds from a car accident.  Under certain circumstances, federal law trumps the Virginia rule and says that you do have to pay back your employer’s health insurance plan if you make a recovery from an at-fault driver from an automobile accident.  Even if that’s the case, you would still be better off by using your health insurance because the bills get paid in the short run and no one will be hassling you for payment.  Also, the health insurance company may not have to be paid back dollar for dollar out of your claim.  Instead, your personal injury lawyer can usually negotiate and get some reduction in the amount of payback.  That extra money goes in your pocket at the end of the case.  So, I definitely recommend that clients use whatever health insurance they have to pay their bills if they are hurt in a car crash.
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The law in Virginia, written in the Virginia Model Jury Instructions book states, “The driver of the vehicle has a duty to use ordinary care:
 
1.     To keep a proper lookout
2.     To keep his vehicle under proper control
3.     To operate his vehicle at a reasonable speed under the existing conditions”
The jury instructions are the law as would be given by a Virginia judge to a jury in a Virginia personal injury lawsuit. The driver of the vehicle has a duty to keep proper lookout when driving. He/she needs to see what there is to be seen. Every driver must keep their vehicle under control meaning they are not supposed to hit other cars. The third basic rule is to drive at a proper speed given traffic, the weather and other conditions.