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12/22/2023

What is MedPay and What Does It Cover in California?

- The Pollard Firm, APC

MedPay Can Help You But You Might Need an Attorney

MedPay coverage is optional coverage on your motor insurance policy that pays your medical bills if you are injured in an accident, even if you are not in your own vehicle at the time. MedPay can be very helpful, but it can also have some contract clauses that are confusing.

At The Pollard Firm, we are dedicated to educating the public about their legal rights to compensation after a car accident. If you are having difficulties after receiving MedPay benefits, or if you were injured and need to file a claim with another party, contact us today for a free consultation.

What is Med-Pay?

Med-Pay is optional coverage on your insurance policy. Typically the policy covers at least $1,000 of medical bills. The coverage is fairly inexpensive, and has several benefits. First and foremost, it ensures that your medical bills are paid and your treatment can continue while you file a claim with the at-fault driver.

Med-Pay doesn’t have any copay or deductible, but it can only be used for medical bills, including pharmacy bills, doctor bills, and facilities like hospitals or physical therapy centers. The caveat is that most contracts state that you must reimburse the insurance company if you receive compensation from a third party.

What Does MedPay Cover in California?

MedPay only covers your medical bills and the medical bills of certain individuals in certain circumstances.

MedPay will cover medical bills for:

  • The driver of a vehicle covered by the policy
  • The passengers of a vehicle covered by the policy
  • The policyholder and family if they are injured in another vehicle
  • The policyholder and family if they are injured as pedestrians
  • The policyholder and family if they are injured as cyclists

You can send medical bills to the insurance company adjuster to be paid with MedPay benefits, or you can send in medical bills you have already paid for reimbursement. Payment is usually swift, allowing you to continue your medical treatment.

What Is Not Covered By MedPay?

MedPay does not cover:

  • Lost wages during recovery
  • Lost income if you can’t go back to work
  • Incidental expenses such as transportation for treatment or hiring help during recovery
  • Pain and suffering

These damages must be recovered by filing a claim with the at-fault driver’s insurance company. You may need to file a personal injury claim to recover full compensation. It is best to contact an experienced attorney when you are in a car accident.

Do I Have to Pay Back MedPay Benefits?

The reimbursement clauses in MedPay policies generally state that you must pay back the funds disbursed if you receive compensation for those funds from a third party. This means that if you receive compensation through a settlement or personal injury lawsuit, you will have to pay your insurance company back for the funds they disbursed on MedPay.

According to Find Law, the amount you have to pay back may be decreased by:

  • The amount you are found to be liable for comparative fault
  • The amount of your attorney fees attributable to the MedPay benefit recovery
  • The percentage by which you were “made whole,” or recovered compensation

The “made whole” rule is the most important. If you are not fully compensated for your injuries by the third party, the insurance company in turn cannot be fully reimbursed for the MedPay benefits.

When Do I Have to Pay Back MedPay Benefits?

If you do have to reimburse your insurance company for MedPay benefits, you do not have to do so until you have been fully compensated for your car accident. This means that the insurance company cannot pursue repayment of those benefits until you have a settlement or your personal injury case is settled in court. 

This rule was backed by California courts in the case of PROGRESSIVE WEST INSURANCE COMPANY v. Simon H. Preciado. The courts upheld that the insurance company was not able to sue for their reimbursement of MedPay benefits until the insured actually received compensation with which to repay it. 

Contact The Pollard Firm for Assistance

If you have received MedPay benefits and are now facing action from an insurance company for reimbursement, contact The Pollard Firm to ensure that your rights are protected. If you have been in a car accident and have not yet filed a claim with the at-fault driver’s insurance or that claim has been denied, we can help there too.
The Pollard Firm has years of experience handling car accident cases, as well as MedPay benefit repayment issues in California. Contact us today for more information or to schedule a free consultation.

MedPay Can Help You But You Might Need an Attorney

MedPay coverage is optional coverage on your motor insurance policy that pays your medical bills if you are injured in an accident, even if you are not in your own vehicle at the time. MedPay can be very helpful, but it can also have some contract clauses that are confusing.

At The Pollard Firm, we are dedicated to educating the public about their legal rights to compensation after a car accident. If you are having difficulties after receiving MedPay benefits, or if you were injured and need to file a claim with another party, contact us today for a free consultation.

What is Med-Pay?

Med-Pay is optional coverage on your insurance policy. Typically the policy covers at least $1,000 of medical bills. The coverage is fairly inexpensive, and has several benefits. First and foremost, it ensures that your medical bills are paid and your treatment can continue while you file a claim with the at-fault driver.

Med-Pay doesn’t have any copay or deductible, but it can only be used for medical bills, including pharmacy bills, doctor bills, and facilities like hospitals or physical therapy centers. The caveat is that most contracts state that you must reimburse the insurance company if you receive compensation from a third party.

What Does MedPay Cover in California?

MedPay only covers your medical bills and the medical bills of certain individuals in certain circumstances.

MedPay will cover medical bills for:

  • The driver of a vehicle covered by the policy
  • The passengers of a vehicle covered by the policy
  • The policyholder and family if they are injured in another vehicle
  • The policyholder and family if they are injured as pedestrians
  • The policyholder and family if they are injured as cyclists

You can send medical bills to the insurance company adjuster to be paid with MedPay benefits, or you can send in medical bills you have already paid for reimbursement. Payment is usually swift, allowing you to continue your medical treatment.

What Is Not Covered By MedPay?

MedPay does not cover:

  • Lost wages during recovery
  • Lost income if you can’t go back to work
  • Incidental expenses such as transportation for treatment or hiring help during recovery
  • Pain and suffering

These damages must be recovered by filing a claim with the at-fault driver’s insurance company. You may need to file a personal injury claim to recover full compensation. It is best to contact an experienced attorney when you are in a car accident.

Do I Have to Pay Back MedPay Benefits?

The reimbursement clauses in MedPay policies generally state that you must pay back the funds disbursed if you receive compensation for those funds from a third party. This means that if you receive compensation through a settlement or personal injury lawsuit, you will have to pay your insurance company back for the funds they disbursed on MedPay.

According to Find Law, the amount you have to pay back may be decreased by:

  • The amount you are found to be liable for comparative fault
  • The amount of your attorney fees attributable to the MedPay benefit recovery
  • The percentage by which you were “made whole,” or recovered compensation

The “made whole” rule is the most important. If you are not fully compensated for your injuries by the third party, the insurance company in turn cannot be fully reimbursed for the MedPay benefits.

When Do I Have to Pay Back MedPay Benefits?

If you do have to reimburse your insurance company for MedPay benefits, you do not have to do so until you have been fully compensated for your car accident. This means that the insurance company cannot pursue repayment of those benefits until you have a settlement or your personal injury case is settled in court. 

This rule was backed by California courts in the case of PROGRESSIVE WEST INSURANCE COMPANY v. Simon H. Preciado. The courts upheld that the insurance company was not able to sue for their reimbursement of MedPay benefits until the insured actually received compensation with which to repay it. 

Contact The Pollard Firm for Assistance

If you have received MedPay benefits and are now facing action from an insurance company for reimbursement, contact The Pollard Firm to ensure that your rights are protected. If you have been in a car accident and have not yet filed a claim with the at-fault driver’s insurance or that claim has been denied, we can help there too.
The Pollard Firm has years of experience handling car accident cases, as well as MedPay benefit repayment issues in California. Contact us today for more information or to schedule a free consultation.

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