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Med Pay

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What is the name of your state? NC

On a recent posting I read that someone had to pay back the med pay that they had received from their own ins. co. after settling with the at-fault ins. co.

Am I understanding this correctly?

I was in an accident 12 years ago and at that time my attorney filed with our med pay and told us we could keep it / spend it however we chose. Then at the settlement, he was able to get most of our medical bills reduced by 1/3 and paid the bills from the settlement. Any health insurance had to be repaid, but not med pay.

Has this changed?

I hope not because I was in an accident 2 1/2 months ago and I haven't retained an attorney as yet. I was basically waiting to see what the extent of my injuries are. I'm going for two MRI's tomorrow, neck & lower back.

At what point should I retain an attorney?




You would have to look at your auto policy re: MedPay to see if it is "excess" insurance or not. My policy is not and therefore, the insurance agency explained to me that it can be used to pay medical bills or to reimburse you for medical stuff (even if the health insurance company has paid). So it depends on what you have on *your* policy. Someone else may have more details.

You can consult with an attorney any time -- most, if not all, have a free initial consultant. If I were you I would "interview" a few personal injury attorneys and then select the one I felt most comfortable with. . .

I'm sure others on the Board will have more info for you! Good "luck" with your MRIs and hope you have a speedy recovery :)


Senior Member
In theroy you can not be paid twice for the medical payments. Insurance are now realizing that people are collecting twice and cracking down on the med pay. Insurance companies used to pay med pay without another thought but now they would rather pay the extra to look a little deeper than just to pay out because in the long run this cuts down on insurance fraud. In the long run we all pay for double payments (NC just had a rate increase on med pay and more are to come). Insurance is to indeminify you are make you as you were before the incident---NOT TO MAKE A PROFIT!!!

Hope all goes well with your MRI and you are feeling better soon.


I beg to differ... This is a fallacy 'we all pay.' What we all pay is for people who don't carry insurance and therefore their load or, rather burden, of knuckleheads that drive without insurance and paying premiums is that our premiums go up. It is not from valid claims and it is not from the additional MedPay (well.... again, check your policy because policies differ from state to state). The law or principle of Collateral Source covers this.

When it comes to "MedPay", if I've paid my premiums faithfully for a number of years, I'd better get some satisfaction in the way of reimbursement. *MY* policy states that it is not double pay, it is for assistance -- it is not excess. Lord knows when the at-fault insurance company offers a settlement it is often times well below what should morally and ethically be right and fair - to make whole HA! or as you were before is a lot of #(&*#@$(*...... there is no way ANY money can make you whole again or make you as you were before. It's an insurance game, so don't buy into the "pay-outs make your premiums go up." It's people that don't pull their load that make premiums go up.

Sheesh............. propaganda....


Im in Arkansas, and my med pay paid up to my limit on medical bills resulting from an accident with a person who has a different ins. co. They sent me a letter about reimbursing them with settlement proceeds. My attny says I'm supposed to protect their interests in the settlement process, ie, get enough to repay them. But my attny also said now that I've hired him, if I settle out of court, I only have to repay med pay 2/3 of what they paid out because they essentially have to pay him a collection fee of 1/3. He is letting that 1/3 be part of the gross settlement, not taking all of it for himself. However, if I do not settle out of court, and actually go to trial, I have to repay the entire amount to med pay.



Thanks to all for your responses.

ProResearch: Sounds as if you've done your homework, for sure!:) I really appreciate the time and information you shared. I glanced over my policy today. I didn't really see anything specific inre Med Pay. I need to read over it more thoroughly. My ins. provider is the same as years back, but that doesn't necessarily mean that THEY didn't make changes.

I certainly share your view on this issue. Not everyone is trying to take advantage and I KNOW I'm not. If Med Pay is a so-called double payment , then why in the world would one need or want it? Yes, I can see that it would help to keep your med bills from becoming past due, but an attorney (or health insurance) can do the same thing. In MY humble opinion it SHOULD be for assistance. Especially when the major bread winner is unable to work due to his injuries and keep the household afloat!

And you are right, NO amount of money it seems, would restore one to his or her previous condition. At least not someone who is genuinely injured and is in a lot pain.

Sherbert: Thank you for letting me know how the repay works, should I be in that situation. I'm hoping for the best. Looks like I need to start looking for an attorney.

A special thank you for all the well wishes.
I had both MRI's done Saturday. The technician advised me that "off the record" she found both areas to have very legitimate reasons for a lot of pain. I won't hear from my doc until later in the week. Hubby is having his tests today.

Thanks again,

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