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Baltimore, MD
410.576.4287410.576.4287
Tysons Corner, VA
888.540.2599888.540.2599
By Appointment Only
Bethesda, MD
301.470.7201301.470.7201
Washington, DC
202.659.0555202.659.0555

What Are Medical Payment Benefits (Or Med-Pay) In Virginia?

Medpay Coverage Generally

Medpay Coverage generally, is a policy of insurance usually issued by your own carrier, to protect you in the event you are hurt in a motor vehicle accident. Specifically, the coverage can be used after an accident to pay for medical bills and lost wages. Furthermore, such coverage can be used regardless of who was at fault in causing the accident. This is sometimes referred to as “No Fault” coverage.

In Virginia, every automobile insurance company must offer medical payment insurance along with the policy they are selling. If an insurance company fails to do this, it may be acting in Bad Faith and/or subject to sanctions. Notwithstanding the above, purchasers of insurance in Virginia are not required to buy this coverage, but it must be offered. Virginia Medical Payments Benefits are discussed extensively in the Virginia Code , § 38.2-2201

I. Benefits of Med-Pay Coverage

1. Med Pay coverage is generally inexpensive. This coverage usually only costs a few dollars per year. In exchange you get the benefit of thousands of dollars of coverage which can be used to pay medical bills in the event you are injured in an accident.

2. Med Pay coverage can be utilized regardless of who is at fault in causing the accident.

3. Med Pay claims are not typically disputed by the Insurance Carriers. These claims are generally paid quickly, upon submission of the proper documentation to the carrier.

4. Collecting Med-Pay benefits does not preclude you from making a 3rd party personal injury claim against the at fault driver who caused your injury. You can actually make both claims.

5. Med Pay coverage does not depend on who is at fault for causing the accident. This means that you or your lawyer can collect Med Pay for you even if the accident was your fault.

6. Med Pay coverage is also available to passengers in your vehicle. Even if the driver of the vehicle was at fault, the driver and the passengers may still be able to make valid med-pay claims and obtain the insurance proceeds

7. Virginia Allows the “Stacking” of Medical Payments Coverage. What this means is that if you are involved in an accident, and you own multiple cars, each with it’s own medpay coverage, depending on your policy language, you may be able to multiply the coverage amount by the number of cars that are insured, up to a maximum of four. Thus, if you have 5000.00 in med pay coverage and own three vehicles, you may have a maximum of $15,000.00 in medical payments coverage available to you and your family.

8. Ethical rules generally prohibit a lawyer from taking a fee from the medpay proceeds unless the claim is disputed or denied by the medpay carrier.

II. Limitations on Med Pay Coverage

  1. Med Pay is generally not applicable if you are injured in a vehicle while you are on the job. The law affords a different remedy here in lieu of Med-Pay coverage and that is a Workers Compensation claim. (This is the subject an entirely different article – click here for more information.)
  1. Medical Payments Claims must generally be made within a certain time period after the accident called the “Statute of Limitations. This time period may vary depending on whether or not there is a denial of benefits by the medpay carrier. Therefore, it is always a good idea to contact a Virginia personal injury lawyer to discuss your options.
  1. Medical Payments Benefits can only be used for what the insurance company defines as “reasonable and necessary” expenses that are “related” to the subject collision. Insurance companies sometimes review med pay claims and determine that certain bills or charges are “unreasonable, unnecessary” or “unrelated,” to the accident. You may need a lawyer to help you negotiate with the insurance carrier in order to help get your claim accepted and paid. Many good lawyers will not charge you a fee to handle Med-Pay claims and will simply handle the claim as a courtesy to you when they represent you for a third party accident claim.
  1. If the insurance company makes any of the above determinations, it is also possible they will altogether deny your claim, or offer you an unsatisfactory sum to compensate you. If this occurs, you can always file a lawsuit against the insurance carrier.
  1. Your specific insurance policy may also contain other exclusions which are beyond the scope of this brief and general article. You should always consult your policy or a lawyer to determine what if any other limitations there may to your med-pay coverage.

Once again, the VA Statute coveraging Med Pay benefits is Virginia Code , § 38.2-2201

 

If you need handling a medpay claim or have questions about medpay, give us a call. We provide free consultations. 1-888-540-2599

Read Some of Our Recent Client Reviews!

Kelly Kess Malone
Kelly Kess Malone
15:50 20 Nov 18
Very helpful paralegals and attorney assistants. Also informative on various types of cases. Reasonably priced for the work that they provide.
Brittany Peterson
Brittany Peterson
08:19 17 Nov 18
Had a very awesome experience fast settlements... Communication was a A+ ...Strongly recommend Mr.Katz. !!! Ms. Robin made me felt like family was always there when i needed her and when i had a question.
Yarnell Goodwin
Yarnell Goodwin
23:38 15 Nov 18
Got a little more settlement money than expected. Was provided great service and prompt responses. I greatly appreciate it!
Ashley Poole
Ashley Poole
01:05 08 Nov 18
Attorney Bob Katz and his staff are highly recommend. Customer Service was impeccable. Every phone call and email was responded to in a timely manner. Natalie Ulrich was very professional, helpful and thorough every step of the way, which resulted in a stress free experience. I will recommend this law firm to family and friends!
Tania Jefferson
Tania Jefferson
17:51 06 Nov 18
Customer service was A+. All questions were answered promptly and information was shared appropriately. Concerns were addressed and I was made aware of all updates on my case. I would whole heartedly recommend this firm.
edward Robinson
edward Robinson
03:00 06 Nov 18
I highly recommend Mr. Katz and his staff. They were friendly, compassionate and really showed they had their clients best interest at heart. There was never a time you called them they didn't respond or returned your calls and answer your questions.They took the worry, and stress and turn it into reassurance. They were diligent and just down right professional. My wife and I really thank God for allowing us to cross paths on a professional business experience. Ms. Rebecca Slatery is the most courteous, compassionate soul. We wish you all peace, love and blessings. Thank you for your service.
J JR
J JR
20:11 31 Oct 18
I decided to use this firm again for an accident I was involved in. As always they were professional and caring. Rebecca slattery was the paralegal assigned to my case and she was professional and kept me up to date with everything. I would recommend this firm to friends and family!
Cedric Jones
Cedric Jones
19:04 23 Oct 18
Erica Z is amazing with keeping you to date and staying communication with you during the entire process. Meghan Young was a wonderful lawyer made me feel extremely comfortable in the courtroom and she also fights for the best possible outcome for you..GREAT LAW FIRM
Nguyen Le
Nguyen Le
16:44 23 Oct 18
It was a great experience being taken care of by Rebecca Slattery and Meghan Young, they helped me resolve my case and were very courteous and professional. Highly recommend working with this law firm
Soun Gil
Soun Gil
21:35 17 Oct 18
Ms. Park helped me out through my whole accident process. She took her time with me and made sure I understood everything. I would recommend to her all of my friends if they were to get into any accident.
Yejin Chung
Yejin Chung
15:40 12 Oct 18
I highly recommend. My family’s experience with this office was great. Christina Franetovich was very helpful throughout the whole process, which made this experience less stressful. She responded to my questions immediately and made sure that I understood everything.
Claudette Pope
Claudette Pope
13:18 30 Aug 18
I was referred to Gordon & feindblatt in 2014 when my family was in an accident, Mr. Katz personally consulted with me by phone and he was very polite and professional, Mr. Carpuso, one of the litigation attorneys even came out to our home and went over our case with us, he made sure all of our needs was addressed and before he left our home that day I felt like we were old friends. that case was settled and I was very pleased, I have used this law firm twice since then and the results are always the same, I have nothing but great experiences with Gordon & Feindblatt the staff are courteous and professional and they get the job done but the one in particular that really stood out for me is Rebecca Slattery, she is truly a gem, she is so compassionate, she walked me through the entire process, she even checked up on me from time to time just to see how I was feeling and I really appreciated her kindness. I will use this law firm again and again for any future legal issue that may arise and I would highly recommend Gordon & Fiendblatt to friends, family and co-workers.
UniversalSniping
UniversalSniping
02:32 04 Aug 18
The lawyer who was initially handling my case parted ways with the company and I was assigned a new lawyer. This new lawyer was amazing! Christina Franetovich made me feel secure by double checking all the facts and notes in my case so that I was not worried during this transition. I was on disability from an a different accident while she was finalizing my case, and I had called and hounded her about the time frame of my settlement very frequently to the point that I felt guilty for calling so much. Christina was very sympathetic to my situation and assured me that she would do everything in her power to make sure the situation would be resolved quickly. She actually finalized my case before the time frame she had given me, was always very courteous and knowledgable on the phone, and I feel extremely lucky that she ended up handling my case because the previous lawyer was not as amazing with customer service as Christina. She also has a way of making you feel comfortable and builds incredible rapport quickly. I am going to highly recommend her to my friends and family. Thank you Christina!!!
Richard Hose
Richard Hose
02:26 27 Jun 18
On Feb 23, 2017 I was in a bad accident on the JFX. I had been rear end by another driver. Almost immediately I felt pressured by the other drivers insurance. Everything from wanting a recorded statement; to failing to acknowledge responsibility. No one would answer my questions, nor would anyone take responsibility. I was frustrated and overwhelmed with everyone from the towing company, to the repair shop, to the insurance company nightmare I just entered. I reached out to Attorney Robert Katz and I was assured they were here to help. He provided with some much needed information, and told me not to worry, Sarah his Paralegal would be in touch to help get things moving. Sarah reached out as expected and explained their process and walked me through what my expectations would be. She as well assured me they were here to help me navigate the obstacles. What Sarah really did was so much more than help. She took the stress and burden off my shoulders and assumed ownership for handling everything on my behalf. I knew what to expect, and I received regular updates throughout the entire process. Honestly, I received so much more than I anticipated. Some of the most frustrating items to chase after are medical records and hospital charges. While I was trying to recall events and timelines, she had already obtained my records and information. She made this process so painless. I truly cannot say enough about the exceptional service she provided. Many thanks for all your help. Sincerely, Richard Hose
Andrea Barajas
Andrea Barajas
15:13 16 May 18
My husband and I were in a car accident in August 2017. We contacted Bob Katz team for legal representation in our case. Kristen A. Turner was our paralegal and she was excellent. It took 9 months for us to receive our settlement and Kristen kept us updated throughout this entire process. She was very kind and patient as I happened to have several questions. She always answered my questions promptly and thoroughly. I would highly recommend this firm and Kristen if you are in need of legal assistance.
TheOfficalCeeandDee
TheOfficalCeeandDee
15:24 09 Feb 18
My experience here was great. My lawyer Rebecca was so professional and I love her personality. She handled my case well and kept me updated and made the process easy and always made me feel comfortable to call whenever I needed to know anything.
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