CARDON GOODMAN, P.C.

Medical Payment Insurance is a Worthwhile Investment
by David A. Cardon, Esquire

Dear Mr. Cardon,
I am about to renew my automobile insurance. My insurance agent told me I could purchase additional insurance called "medical payment insurance." He said it would cost me a few dollars extra and would be in addition to my regular insurance. What exactly is medical payment insurance? What are the advantages to having it? What are its limitations? Is it something I should purchase?

In Virginia, every automobile insurance company must offer medical payment insurance. The policy holder is not required to purchase the coverage, but it must be offered.

Stacking allowed. Virginia law allows stacking of the Med Pay coverage. This means that if you list multiple cars on your policy, you can multiply the coverage amount by the number of cars, up to four vehicles. For example, if you have four cars on your policy, with $1,000 in Med Pay coverage, you have a maximum of $4,000 in available Med Pay insurance coverage. Keep in mind, however, your premium will most likely be higher depending on the amount of Med Pay coverage and the number of vehicles on your policy.

Med Pay Advantages: There are a number of advantages to having Med Pay insurance. First, Med Pay insurance is inexpensive; usually costing a few dollars for thousands of dollars worth of annual coverage. Second, Med Pay claims are usually paid quickly by the insurance company. You are paid as soon as you make your claim and submit your bills. Third, you can collect Med Pay insurance even if (1) you also recover in a personal injury lawsuit, and/or (2) your medical bills are paid by other medical or health insurance. Finally, Med Pay coverage is not fault based. This means that you and your passengers can collect the Med Pay coverage even if the accident was your fault.

Med Pay Limitations: Your automobile insurance may limit the circumstances under which you can claim Med Pay. These limitations include, but are not limited to, the following:

Reasonable, Necessary & Related Expenses: Your insurance company is only obligated to pay for reasonable and necessary medical expenses resulting from an automobile accident. If the insurance company reviews your claim and determines the bills were not reasonable and necessary and/or the injury did not result from the accident, they can deny your claim. If they deny your claim, you can file a lawsuit against the insurance company.

Exclusions: Most Med Pay policies include exclusions limiting Med Pay coverage. For example, many policies exclude Med Pay coverage if (1) you are injured in an automobile while working, and (2) your injuries are covered by worker's compensation. This exclusion is valid even though you paid the extra premium for the Med Pay coverage. You should always look at the exclusion section of your Med Pay insurance so that you know the limitations to your Med Pay insurance before you agree to pay for the Med Pay coverage. If you only drive while working, and your policy has a worker's compensation exclusion, you may conclude Med Pay coverage does not make sense for you.

If you purchase Med Pay coverage, and I recommend that you do, be sure you know what you must do to make a claim. Your policy will specify notification procedures when making a claim. You should always read the provisions of your automobile insurance policy carefully and completely. Consult an attorney if you have any questions.

DISCLAIMER: David A. Cardon is an attorney at the Virginia Beach office of Cardon and Goodman, P.C. who concentrates his legal practice in traffic, criminal, and personal injury law. Mr. Cardon provides the materials contained above as a public service and on an informational basis only. These materials are not intended to be a comprehensive statement of Virginia law, and are not intended to convey legal advice. If you have a legal problem, you should consult with an attorney in your area who can investigate the particular circumstances of your situation. You can contact David Cardon, Esquire at (757) 306-9060 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it. .'; document.write(''); document.write(addy_text12042); document.write('<\/a>'); //-->\n This e-mail address is being protected from spambots. You need JavaScript enabled to view it.