Most people understand liability and collision coverage — but few know how Medical Payments coverage (MedPay) can protect them after an accident, regardless of fault.
In Virginia, MedPay is one of the smartest and most affordable coverages you can carry. It pays your medical bills and those of your passengers, even if you caused the crash, and it works in addition to your health insurance or any settlement from the at-fault driver.
A clear guide from Cardon Law. This is general information, not legal advice. For help after an accident, contact a Virginia personal-injury attorney immediately.
1) What Is Medical Payments (“MedPay”) Coverage?
Medical Payments coverage is optional insurance under Virginia law that pays for reasonable and necessary medical and funeral expenses resulting from a motor-vehicle accident, regardless of who caused it.
You can select coverage amounts in increments (typically $2,000, $5,000, $10,000, or more) and it applies to:
✅ You (the policyholder)
✅ Family members in your household
✅ Passengers in your insured vehicle
✅ You as a pedestrian or cyclist struck by a vehicle
Virginia Code § 38.2-2201 governs medical payments coverage and how it applies.
👉 Read the full text of § 38.2-2201
2) How MedPay Works
When you’re injured in a crash, MedPay can be used to immediately cover medical costs while you’re waiting for other payments to arrive.
It’s designed to pay quickly — often before a liability settlement is resolved or before your health insurer finishes processing claims.
| ⚖️ Payment Source | 💡 Who Pays First? | 📋 Typical Use |
|---|---|---|
| Medical Payments (MedPay) | Your own auto insurer | Pays out immediately for ER visits, co-pays, deductibles, physical therapy |
| Health Insurance | Your health insurer | Pays larger or ongoing treatment costs after MedPay is used |
| At-Fault Driver’s Liability Coverage | The other driver’s insurer | Pays final settlement or judgment after case concludes |
3) MedPay Stacks With Other Policies
Virginia law allows “stacking” of MedPay benefits across multiple vehicles and policies if your policy doesn’t prohibit it. That means if you have:
- 2 cars each with $5,000 in MedPay,
- You may be able to claim up to $10,000 total for your medical expenses.
Each insurance company’s language matters, so your lawyer can review the policy for stacking eligibility.
4) MedPay vs. Health Insurance vs. Liability Recovery
MedPay is not a substitute for health insurance — it’s a supplemental benefit.
It pays directly to you or your healthcare provider and does not require reimbursement to your insurer (unlike health-insurance subrogation).
| 💰 Source | Pays Regardless of Fault? | Requires Repayment? | Example |
|---|---|---|---|
| MedPay | ✅ Yes | ❌ No | Covers $2,500 in ER bills immediately |
| Health Insurance | ✅ Yes | ⚠️ Sometimes (if third-party recovery) | Pays $8,000 in surgery costs |
| Liability Settlement | ❌ No (only if other driver is at fault) | ⚠️ Usually yes | Compensates you for pain, lost wages, etc. |
5) Does MedPay Affect Your Insurance Rates?
No.
Using your MedPay coverage does not increase your auto-insurance premiums.
This is because MedPay is a no-fault benefit — your insurer pays it automatically, without assigning blame.
So, if you or your passengers are injured, it’s almost always a smart move to file a MedPay claim. You’ve already paid for the coverage; it’s there to help you.
6) Common Situations Where MedPay Helps Most
- 🚗 Rear-end or intersection crashes — you need ER care or chiropractic treatment.
- 🚴 Cyclists or pedestrians hit by cars — MedPay applies even when you’re not driving.
- 👨👩👧 Passengers injured in your car — their medical bills are covered under your policy.
- 🚑 Hit-and-run accidents — even if the at-fault driver isn’t found.
7) MedPay & Third-Party Settlements
When you recover money from the at-fault driver’s insurance, your MedPay payments do not have to be reimbursed.
That means you can keep both your MedPay payment and your injury-settlement payment.
Example:
If your MedPay policy pays $5,000 for your ER and physical-therapy bills, and later the at-fault driver’s insurer pays you $25,000 for pain and suffering —
✅ you keep the full $30,000 total.
This makes MedPay one of the few insurance benefits that truly puts extra money in your pocket.
8) MedPay Limits and Coordination with Health Insurance
Most Virginia insurers offer coverage between $1,000 and $25,000, though higher limits are available.
If you have health insurance, MedPay can cover:
- Your deductibles and co-pays
- Out-of-network medical costs
- Ambulance, dental, or chiropractic services
- Bills that health insurance denies
When your health insurer later pays additional bills, it does not cancel or reduce your MedPay benefits.
9) How to Add or Increase MedPay Coverage
You can add or adjust MedPay anytime by calling your insurance agent.
In Virginia, many people decline it simply because they weren’t told how valuable it is.
Pro tip: ask for $5,000–$10,000 per person as a starting point — the cost is often only a few extra dollars per month.
FAQ
What is the difference between MedPay and PIP?
Some states have Personal Injury Protection (PIP). Virginia does not — it uses MedPay, which is similar but typically less expensive and simpler to use.
Can MedPay cover lost wages or pain and suffering?
No. It only covers medical and funeral expenses. Lost wages are part of your liability claim.
Does MedPay apply if I’m at fault?
Yes. That’s one of its biggest advantages — you’re covered regardless of fault.
Can passengers in my car use my MedPay coverage?
Yes. It applies to anyone in your insured vehicle at the time of the accident.
Can MedPay apply if I’m walking or biking and get hit by a car?
Yes. Virginia’s MedPay follows the person, not just the car.
Why You Should Never Decline MedPay
For just a few dollars a month, MedPay can pay thousands in medical bills, co-pays, and therapy costs — fast.
It doesn’t affect your premiums, it stacks with other coverage, and it gives you immediate relief when you need it most.
If you’ve been injured in an accident, understanding and maximizing your MedPay coverage can make a huge difference in your financial recovery.
Need Help With a Car-Accident Claim or MedPay Question?
Cardon Law helps Virginia residents understand, use, and protect their insurance benefits after an accident — including Medical Payments coverage, health-insurance coordination, and liability settlements.
We proudly serve Virginia Beach, Norfolk, Chesapeake, Portsmouth, Hampton Roads, and beyond.
📞 Free Consultation: (757) 306-9060
📱 24/7 Direct to David A. Cardon: (757) 620-3283
