MedPay Coverage FAQs

Yes — a significant one. Georgia eliminated mandatory Personal Injury Protection (PIP) in 1991 when it repealed mandatory no-fault coverage. MedPay is the closest equivalent available in Georgia today, but unlike PIP in other states, Georgia MedPay does not cover lost wages or replacement services. It covers medical and funeral expenses only. If you need coverage for lost income after a Georgia accident, you must pursue the at-fault driver’s liability insurance, your own uninsured/underinsured motorist coverage, or disability insurance.

Potentially, yes. If your child is covered under your auto policy’s MedPay endorsement as a family member, and the school bus accident involves a motor vehicle, MedPay may apply. Liability for Georgia school bus accidents also implicates the Georgia Tort Claims Act (O.C.G.A. § 50-21-23) if a government entity operates the bus, as well as ante litem notice requirements. These cases are complex — contact our firm immediately if your child was injured on a school bus.

We advise clients to purchase the maximum MedPay limit offered by their insurer — often $25,000 to $100,000. Given that a single emergency room visit can cost $10,000–$50,000, and that catastrophic injury treatment can reach seven figures, even large MedPay limits can be quickly exhausted. The premium increase for higher limits is modest. Consult with an independent insurance agent and ask specifically about stacking options if you have multiple vehicles.

After paying your MedPay benefits, your insurer has a contractual right to recover those amounts from your third-party settlement — this is called subrogation. Georgia courts have placed limits on insurer subrogation rights, particularly the make-whole doctrine, which can prevent the insurer from recovering if doing so leaves you under-compensated for your full losses. Under O.C.G.A. § 33-24-56.1 and applicable case law, our attorneys routinely negotiate significant reductions in MedPay subrogation liens — maximizing the net recovery our clients take home.

Yes — your own MedPay coverage applies regardless of the vehicle you were riding in. Additionally, Uber and Lyft maintain their own insurance policies with MedPay and liability limits that may apply depending on the phase of the trip (app on/waiting, en route, transporting passenger). Rideshare accidents in Atlanta — particularly near the airport and downtown — are a significant portion of our practice. Call us for a free consultation.

Georgia law generally prohibits insurers from surcharging your premium solely for making a first-party MedPay claim where you were not at fault. However, policy terms vary. Review your policy and consult with an attorney if your insurer threatens a rate increase. The Georgia Insurance Commissioner regulates insurer surcharge practices.

Yes. MedPay covers reasonable and necessary medical expenses from a licensed healthcare provider, which includes chiropractors, physical therapists, orthopedic surgeons, pain management specialists, and other providers treating accident-related injuries. Insurers sometimes dispute whether treatment is ‘medically necessary’ — your attorney can counter these challenges with expert medical support.

Yes — in most Georgia MedPay policies, coverage extends to the named insured and resident family members who are struck by a vehicle as pedestrians or cyclists. Some policies also cover you as a passenger in someone else’s vehicle. Read your policy’s ‘insured persons’ definition carefully, and contact us to review your specific coverage.

Yes, insurers sometimes wrongfully deny MedPay claims. Common denial reasons include: claiming the injury is not accident-related, asserting a policy exclusion, or disputing the medical necessity of treatment. If your claim is denied in bad faith, you may be entitled to the full benefits owed plus a 25% statutory penalty and attorney’s fees under O.C.G.A. § 33-4-6. You may also file a complaint with the Georgia Insurance Commissioner. At Haug Barron Law Group, we challenge wrongful denials aggressively.

MedPay claims are governed by your policy’s contractual deadlines, which are often shorter than Georgia’s general statute of limitations. Most policies require you to submit medical bills promptly — sometimes within one to three years of the accident date. Georgia’s general tort statute of limitations is two years under O.C.G.A. § 9-3-33, but contract claims may have different deadlines. Do not delay — contact an attorney immediately after an accident to protect all deadlines.

This is one of the most common catastrophic-injury scenarios we see. Your strategy in this situation involves: (1) MedPay benefits from your own policy; (2) Uninsured Motorist (UM) coverage under O.C.G.A. § 33-7-11 — this is critically important and should be purchased at the highest available limit; (3) your own health insurance; and (4) any commercial or umbrella policies that may apply. Our firm specializes in identifying and pursuing every available coverage layer after catastrophic accidents.

Absolutely — and you should. Georgia law does not prohibit double recovery; however, your insurer may assert a subrogation right under your policy to recover MedPay benefits from any tort settlement or verdict. Your attorney can negotiate to reduce or eliminate this lien. At Haug Barron Law Group, we routinely reduce MedPay liens as part of maximizing our clients’ net recoveries. Collecting MedPay benefits does not waive your right to pursue the at-fault party.

Yes. Most Georgia MedPay policies expressly cover reasonable funeral and burial expenses incurred as a result of an accident-related death. Coverage limits vary by policy — typically from $1,000 to $100,000. This is in addition to, and separate from, the wrongful death claim the surviving family has against the at-fault driver under O.C.G.A. § 51-4-2. If your loved one was killed in an accident, contact Haug Barron Law Group immediately. We will identify every source of recovery — including MedPay, UM/UIM, liability policies, and any commercial coverage — and fight for the maximum compensation your family deserves.

No. Georgia does not require drivers to purchase MedPay. However, under O.C.G.A. § 33-34-5, Georgia insurers must offer MedPay to every automobile policyholder. If you decline, you must do so in writing. Many Georgians unknowingly waive this valuable coverage — review your declaration page now.

MedPay is automobile insurance — specifically, a first-party medical expense benefit within your car insurance policy. Unlike health insurance, MedPay (a) pays regardless of fault, (b) has no deductibles or co-pays to satisfy before it kicks in, (c) may pay your health insurance out-of-pocket costs, and (d) covers all passengers in your vehicle, not just the named insured. It is governed by O.C.G.A. § 33-34-4 rather than Georgia’s health insurance statutes.