Whether on or off base, a car accident while on active duty comes with many unique legal implications. At Cooper Hurley Injury Lawyers, we understand the challenges of military life. To better serve members of the armed forces, we have offices conveniently located near Langley Joint Air Force Base, the Norfolk Naval Station, Naval Air Station Oceana, and the Coast Guard Base in Portsmouth.
If you are an active duty service member and were involved in a car accident, you may be in unfamiliar territory. You may even worry about the implications for your military career. Our attorneys are ready to help you through this situation. We will protect your rights and deliver the guidance and support you need. Call (757) 333-3333 or contact us online to schedule your free consultation.
KEY TAKEAWAYS
- Military medical care access – After a car accident, active duty service members can access civilian emergency care covered by TRICARE.
- Protection under SCRA – The Service members Civil Relief Act (SCRA) protects active-duty members from certain civil actions but not criminal proceedings, which can impact their standing in the military.
- Base accident protocols – If the accident occurs on a military base, follow base protocols. Among other things, report to base police, seek medical attention, document the scene, and seek legal advice.
- The Feres Doctrine – This legal doctrine prevents service members from bringing personal injury lawsuits against the military.
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Medical Care After a Car Accident While on Active Duty
If you are in a car accident while on active duty, it is important to understand your options for securing medical care. Car accidents can happen anytime, and knowing where to turn for help is essential, especially when you’re away from a military base. One key resource is TRICARE, a health care program for active duty service members.
Access to Civilian Medical Care in Emergencies
In emergencies, you can seek immediate care at civilian medical facilities. However, you must satisfy the VA’s requirements to go to a non-VA facility for emergency care, including:
- The facility is an emergency department, not an urgent care facility. Out-of-network
urgent care facilities generally do not qualify. If you believe urgent care is required, it is best to call the Military Health System (MHS) Nurse Advice Line first. - You are enrolled in VA health care or have a qualifying exemption.
- A VA or federal health care facility that could provide the needed care was too far away for you to get the treatment you needed fast enough.
- A “prudent layperson” would reasonably believe that delaying health care would endanger your life.
- You meet other VA requirements, such as notifying the VA of your claim within 72 hours.
TRICARE should cover your emergency care, but it is essential to notify your military health facility promptly. If you see a civilian doctor, you may need to submit reimbursement claims to TRICARE.
Inform the staff of any non-VA healthcare facility of your military status and request that they contact the VA immediately. Contact the VA directly if you get a bill you think should be covered by the military.
Can I Be Discharged or Separated From the Military for Getting Into A Car Accident?
One of the most urgent concerns for military personnel involved in on-duty car accidents is whether the accident could lead to a discharge or otherwise compromise their service status. It is important for you to know your rights under the Service members Civil Relief Act (SCRA) and other military regulations. We can help.
The SCRA provides broad protection for active duty members, including safeguards against civil lawsuits that could arise following a car accident. However, it does not apply to criminal proceedings.
If you were not at fault or accused of misconduct, you should not be at risk for a dishonorable discharge. Medical discharges are normally given under honorable conditions. So long as you were not engaged in misbehavior, it is unlikely you will be discharged without benefits.
What If I Got Into a Car Accident on a Military Base?
The Feres Doctrine generally prevents service members from holding the military itself responsible through civil personal injury lawsuits brought under the Federal Tort Claims Act. However, if your car accident happens on a military base, you should take the same steps that you would after a civilian car accident:
- Immediate medical attention – As with any accident, your first priority should be your safety. If you or anyone else is injured, seek medical attention immediately.
- Report the incident – You should report the incident to base police or another appropriate authority. Calling 911 can also summon emergency services to the scene if the situation warrants it.
- Document the accident – Collect as much information as possible at the scene, including photos, witness statements, and a copy of the police report. This documentation will be helpful for any future legal procedures.
Dealing With Insurance
Dealing with insurers after an accident on a military base can be complex, particularly when military vehicles or personnel are involved. Remember, no matter how insurance adjusters seem on the phone, they are not on your side and will resort to underhanded tactics to avoid compensating you fairly.
Our legal team has extensive experience dealing with insurance companies who are eager to minimize or deny the value of legitimate claims. Our skilled attorneys will protect your rights and help you receive the compensation you are entitled to.
Military Vehicle Accidents
Accidents involving military vehicles require the attention of a skilled attorney due to the specialized nature of military programs and operations. Consulting a lawyer experienced in military accident claims can provide you with the guidance needed to successfully navigate these challenging situations. Our attorneys can help you with the claim filing process, which can be complex due to military regulations and federal laws.
Can I File a Personal Injury Claim While on Active Duty?
Being on active duty does not preclude you from seeking compensation if a civilian injures you. In these cases, you have the same legal rights as civilians to seek compensation for injuries resulting from a car accident. These claims are processed like other civilian claims but may consider the evidentiary circumstances of the military environment.
We are experienced in handling car accidents involving military service members. Our deep understanding of personal injury law will help us protect your rights and present your case effectively.
Military-Assisted Lawyers vs. Civilian Lawyers
Active duty service members might first consider military lawyers for legal support. While military lawyers provide invaluable advice on various military legal issues, they may also be able to help in cases involving certain civil matters. That said, our civilian lawyers have decades of experience handling personal injury cases and specialized knowledge that may go beyond the training of most military lawyers.
We have also developed a strong reputation throughout Virginia as The Car Crash Experts and can provide top-tier legal counsel and representation, leveraging our extensive experience handling car accident cases to yield the best possible outcome for your situation. In particular, we know how to handle insurance claims involving civilian incidents and non-military insurers, such as USAA. These situations can be complex, requiring both advocacy and negotiation skills.
“When a person becomes seriously injured so much goes through their minds. They feel lost, hopeless, afraid, and the road ahead is uncertain. Being an active duty military family we have to live with many instabilities such as being apart from our loved ones, moving every couple of year’s, and the stresses that comes with this life. . . . Unfortunately, the only memory that was taken home that weekend will live with me for a lifetime. . . . Trying to handle everything on my own was impossible. All I wanted was to get my life back on track.
So, I called Cooper Hurley. I can’t tell you how blessed I feel that they came into my life. Bill O’Mara was so kind and never made me feel alone. He gave me confidence that he would take care of me. All he wanted was for me to focus on my health. While Mr. O’Mara worked diligently on my case. His assistants Monique Collins and Stacey Maguire attended to my every need. . . . They were able to retrieve a very nice settlement for me so I can have what I need when I need it. I can finally look back on that weekend and smile at the good times and put the bad behind me. My injury will always remain, but Cooper Hurley helped to give me my life back. . . .”
Can I File a Personal Injury Claim While on Active Duty?
Below are answers to some frequently asked questions we receive in car accident cases involving military personnel. If you have other questions about car accidents while on active duty, our team of dedicated personal injury lawyers has answers. Do not hesitate to schedule your free case review.
If injured in a car accident while on active duty, you can receive medical care coverage through TRICARE. You can visit civilian emergency medical facilities in qualifying emergencies. Call the MHS Nurse Advice Line before seeking medical care at a civilian facility.
YES – TRICARE provides coverage for active duty members in the event of a car accident, including emergency medical care.
YES – You can receive VA disability compensation for injuries sustained in non-combat accidents if they are service-connected. Our attorneys can guide you through this process.
YES – In specific situations, active duty members can go to the ER after a car accident, and TRICARE may cover your visit even if the facility is outside the TRICARE network. However, you should verify your situation meets the qualifications before accepting civilian ER medical services.
TRICARE will cover ER visits for active duty members, provided the situation is deemed an emergency under its guidelines. There are specific eligibility requirements, such as an in-network facility being too far away.
Discharge for a car accident while on active duty is unlikely unless the accident involved misconduct that warrants such action under military regulations.
YES – Being on active duty does not prevent you from filing a personal injury claim against negligent civilians. Our personal injury lawyers can walk you through this process.
Why Trust Cooper Hurley Injury Lawyers When You Are Stationed In Virginia
If you are an active-duty military member stationed in Virginia and were injured in a car accident, knowing where to turn for help is crucial. You need a knowledgeable car accident lawyer who also understands military law.
Our firm has extensive experience handling all kinds of car accident cases and navigating Virginia personal injury law. Our car crash professionals are well-versed in how these laws apply to active-duty service members. We have also established a strong reputation as a leading personal injury law firm in Hampton Roads and throughout Virginia.
Cooper Hurley Injury Lawyers is honored to give back to those who defend our country by providing high-quality legal services in their hour of need. We offer free consultations, allowing you to understand your legal rights and options at no cost to you. Call (757) 333-3333 or contact us online to schedule your free case review.
