Medical Payments coverage is also commonly referred to as "Medpay," "Medical Payments," "personal injury protection," or even "PIP" coverage. They all stand for the same thing. Medical Payments coverage pays for doctor, hospital, and other accident related medical bills, regardless of fault. In other words, if this insurance is available to you, it will cover your medical bills up to the stated limit even if the accident was the fault of another person.
How do I know if there is "Medical Payments" Coverage?
If you have been involved in an automobile accident, your own car insurance policy will list this coverage on the Declarations Page, and if you have coverage, it will list the amount of your coverage. If you were in someone else's vehicle at the time of the incident, that car's insurance policy may also provide Medical Payments Coverage.
Do I have to pay back "Medical Payments" Coverage?
The short answer is "maybe." For example, if your injuries are minor and the "at fault" driver has sufficient insurance to more than cover all your "damages," you may have to pay back all or a portion of the Medical Payments Coverage. However, in Louisiana, if your damages exceed the at fault driver's policy limits, then you DO NOT have to repay "Medical Payments" coverage under Louisiana's "make whole" doctrine. Your attorney may also be able to negotiate a lower amount owed to your insurer if a repayment (or "subrogation") claim is made by the MedPay insurance company.
Why should I hire an attorney to help me with "Medical Payments" Coverage?
Because Louisiana law is a complicated. You will be dealing with insurance adjusters who handle claims like yours everyday. You wouldn't try to perform surgery on yourself. The same applies to your personal injury claim. You need an experienced attorney to HANDLE ALL THE ISSUES of your claim, including "Medical Payments" Coverage because each case is unique. Your attorney will understand the strengths and weaknesses of your case, and your attorney will help maximize your recovery. Insurance adjusters love it when people represent themselves because they know they have an advantage over that person who chooses not to hire an attorney.
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