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By Jarome Gautreaux
Owner/Partner

We all know the physical and emotional challenges that can follow a car accident. It’s important to plan for such possibilities, and one option to consider is Medical Payments (MedPay) coverage. This optional insurance helps cover medical expenses for you and your passengers, regardless of who was at fault in the accident. While Georgia law doesn’t require drivers to carry MedPay, it is a valuable addition to an auto insurance policy that can provide immediate financial relief after an accident. MedPay has regained popularity in Georgia since the repeal of the state’s no-fault insurance law in 1991. Now, MedPay is an essential consideration for many drivers seeking additional coverage to protect against unexpected medical costs.

What Does Georgia MedPay Insurance Provide For You? 

In Georgia, MedPay is available to drivers on an optional basis. It reimburses you and your passengers for medical and funeral expenses resulting from a car accident. MedPay does not consider fault, meaning it provides immediate financial relief for medical costs, including hospital visits, surgeries, and necessary treatments.

  • Medical Expenses: MMedPay is designed to cover a wide range of medical expenses incurred due to a car accident. This includes hospital bills, doctor visits, surgeries, and even prescription medication. In accordance with O.C.G.A. § 33-34-2(1), these expenses must be incurred within three years of the accident. Some policies may offer longer coverage periods, but this is the standard time limit for most policies.
  • Funeral Expenses: If a fatality occurs due to a car accident, MedPay can also provide coverage for funeral expenses, helping to reduce the financial burden on grieving families during an already challenging time.
  • Limits and Exclusions: Georgia does not require MedPay to be included in every auto insurance policy. The Georgia Motor Vehicle Accident Reparations Act ensures that it remains an optional coverage for drivers. MedPay is distinct from other types of coverage, such as uninsured motorist coverage, and it differs significantly from PIP coverage, which offers a broader range of benefits including lost wages and rehabilitation costs.

Unlike Personal Injury Protection (PIP), MedPay is more narrowly focused on medical and funeral expenses. It does not cover lost wages, pain and suffering, or rehabilitation costs. These types of damages must be pursued through a personal injury claim against the at-fault driver, if applicable

How MedPay Differs from Other Insurance Options in Georgia? 

Georgia does not require MedPay to be included in every auto insurance policy. The Georgia Motor Vehicle Accident Reparations Act ensures that it remains an optional coverage for drivers. MedPay is distinct from other types of coverage, such as uninsured motorist coverage, and it differs significantly from PIP coverage, which offers a broader range of benefits including lost wages and rehabilitation costs.

While MedPay and PIP may seem similar at first glance, the Georgia No-Fault Act, repealed in 1991, led to the revival of MedPay coverage in its current form. MedPay focuses specifically on covering medical and funeral costs, whereas PIP, in states where it is still used, typically offers more comprehensive protection. O.C.G.A. § 33-34-2(1) defines the coverage limitations and ensures that MedPay is focused on the insured’s immediate medical needs.

Why Should You Consider MedPay Coverage in Georgia? 

Even though MedPay is not mandatory, it can be a crucial part of your insurance policy. MedPay offers immediate coverage for medical expenses without the need to establish fault in an accident, which can be a significant advantage when urgent medical care is needed.

Furthermore, MedPay can act as a complement to your health insurance, covering co-pays and deductibles, and ensuring you won’t face large out-of-pocket expenses after an accident. Given that MedPay must be offered to drivers under Georgia law, adding it to your policy can provide peace of mind for you and your passengers in the event of an accident.

Applicable Statutes and Legal Framework

While MedPay is not mandatory in Georgia, it has a solid legal foundation. The Georgia No-Fault Act originally reduced the need for MedPay, but since its repeal, MedPay has regained importance as an optional coverage. According to O.C.G.A. § 33-34-3.1, insurers are no longer required to offer MedPay, but most do so voluntarily to provide added protection to policyholders.

If an insurance company unreasonably denies a MedPay claim, the insured may seek legal recourse. Under O.C.G.A. § 33-4-6, if the insurer acts in bad faith, it may be liable for up to 50% of the amount owed or $5,000, whichever is greater, plus reasonable attorney fees. This statute ensures that insurance companies handle MedPay claims fairly and promptly.

Takeaway

Although MedPay coverage is not required in Georgia, it provides vital protection by covering medical and funeral expenses following a car accident. Understanding the limitations and benefits of MedPay allows drivers to make informed decisions about their auto insurance policies.

If you’re considering adding MedPay to your policy or need assistance with an existing claim, consulting an experienced personal injury attorney can be invaluable. At Gautreaux Law, LLC, we are here to guide you through your insurance options and ensure that your rights are protected in the event of an accident. Contact us today to learn how MedPay can help you secure the coverage you need for peace of mind.

About the Author
Jarome Gautreaux is a personal injury trial lawyer. He represents people who have been seriously injured, as well as the families of people killed because of carelessness or negligence. For over 20 years, he has successfully recovered more than 100 million dollars in a variety of Macon personal injury cases. Jarome’s reputation for client focus and case success has led to other lawyers requesting his assistance with complex personal injury litigation. What drives Jarome every day is his strong belief that the amount of money someone has should not dictate the justice they receive. It is for this reason that he has never worked for corporations, insurance companies, or other interest groups. Instead, he thrives on helping the people who need it most- people who have suffered at the hands of others and deserve compensation.