When it comes to insurance laws, Virginia is one of the “at-fault” or tort states, which means that if you are injured in an accident, you seek compensation for all of your damages from the at-fault driver’s insurance. It is different from “no-fault” states where you are required to have Personal Injury Protection (PIP) coverage on your own policy, which will pay for your medical expenses regardless of who is at fault. But you can still seek compensation for your pain and suffering from the at-fault driver’s insurance.
However, Virginia insurances offer an optional “add-on” that works similar to PIP, called MedPay. It provides additional funds towards medical expenses up to the coverage limits, regardless of fault.
A Virginia statute provides that the insured can purchase MedPay coverage for reimbursement of reasonable and necessary medical expenses resulting from the accident (usually up to $2000 per person but you can choose to purchase higher coverage if you desire). MedPay also provides option for lost income reimbursement, up to $100 per week.
Med Pay covers all persons occupying an insured motor vehicle when the accident occurs. It also covers the named insured and his or her spouse and relatives (living in the insured’s household) even if they are hurt while not occupying a vehicle, such as being struck as a pedestrian.
Med Pay supplements whatever health insurance coverage you may have. It can cover co-pays, deductibles and other out-of-pocket expenses. Importantly, though, it is not considered secondary coverage. Med Pay benefits can be received even if the medical services provider has been paid by health insurance.
The important part to understand about MedPay is that it is just an extra layer of financial protection. It does not cover the lasting or permanent effects of a serious injury, pain and suffering or emotional distress. These damages can be only be recovered from either the at-fault driver’s insurance or from your own UM/UIM coverage.
An experienced personal injury attorney will be able to do a comprehensive evaluation of your claim and find all of the applicable coverages to ensure you get the maximum compensation for your injuries.
Ernest Law Group, PLC in Virginia Beach handles compensation claims for people injured in car accidents throughout the Hampton Roads area. Please call 757-289-2499 or contact us online to schedule a free initial consultation.
Ernest Law Group, PLC is located in Virginia Beach, VA and serves clients in and around Norfolk, Portsmouth, Fort Monroe, Hampton, Virginia Beach, Chesapeake, Chesapeake City County, Hampton City County, Norfolk City County, Portsmouth City County and Virginia Beach City County.
Attorney Advertising. This website is designed for general information only. The information presented at
this site should not be construed to be formal legal advice nor the formation of a lawyer/client
relationship.
[ Site Map ]