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What MedPay covers
MedPay is meant for medical costs from a crash, such as emergency room visits, ambulance rides, doctor visits, imaging and therapy, depending on the policy wording. It pays up to the limit shown on your declarations page. If you are not sure whether you bought it, call your agent or look at the coverage list on your policy. Many people forget they have it.
Because MedPay pays regardless of fault, you can use it even if you caused the crash or fault is still in dispute. Family members and passengers in your car may be covered too. What it pays, and for how long after the crash, depends on the policy terms. Ask the insurer for a copy of the MedPay section of your policy before you file.
Using MedPay alongside your injury claim
MedPay is separate from your claim against the at-fault driver. You can open a MedPay claim with your own insurer and still pursue the other driver’s insurance for the full value of your injuries. MedPay can pay bills now, while the injury claim may take months. See who pays medical bills after a crash for how the pieces fit together.
Your policy may say the insurer can be paid back from your settlement for what MedPay spent, or that MedPay payments reduce other coverage. Those terms vary from policy to policy. Read them before you settle, because a payback request can change how much of a settlement you keep. The answer depends on the policy and the facts, and a lawyer can check.
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MedPay compared with Washington PIP
Washington handles this differently. There, auto insurers must offer personal injury protection (PIP), which pays medical expenses and some lost income regardless of fault. A policyholder can reject PIP only in writing. If you live in Washington or were hurt there, look for PIP on your policy before anything else, since many Washington policies include it.
In California, MedPay is coverage for medical expenses, so lost pay usually has to come from somewhere else, such as the claim against the at-fault driver. Read lost wages after a car accident. If the other driver had no insurance, California policies must include uninsured motorist bodily injury coverage unless the policyholder rejected it in a signed written agreement.
What to do now
Find your declarations page and check for medical payments coverage and its limit. Call your insurer, open a MedPay claim, and write down the claim number and the adjuster’s name. Send bills as they arrive and keep copies. Get medical care right away and follow through with treatment, since gaps make every part of the claim harder to prove.
Take photos of the scene, the cars and your injuries, and get witness names. When the other driver’s insurer calls, do not give a recorded statement or sign anything before you talk with a lawyer. Your own insurer may ask for a statement for MedPay, so ask what it will be used for. A California injury lawsuit must generally be filed within two years.
- Check your declarations page for MedPay and its limit
- Open the claim and write down the claim number
- Send bills as they come and keep copies
- Do not sign releases or give recorded statements to the other insurer before you talk with a lawyer
Common questions
Will using MedPay raise my insurance rates?
That depends on your insurer and your policy. Ask your agent before you file, and get the answer in writing if you can. Weigh it against unpaid bills going to collections. For more on this question, read whether your rates can go up when you were not at fault.
Do I have to pay MedPay back from my settlement?
Sometimes. Some policies let the insurer recover what MedPay paid out of your settlement, and others do not. The wording of your policy controls the answer. Ask the insurer for the MedPay terms in writing, and have a lawyer review any payback request before you agree to it or settle your case.
Can I use MedPay if the crash was my fault?
In most cases, yes. MedPay pays regardless of who was at fault, up to your policy limit, as long as the crash is covered under the policy. That makes it one of the few sources of payment for your medical bills when you caused the accident or when fault is still unclear.
Does MedPay cover passengers in my car?
MedPay can cover you, your family and others riding in your car, depending on the policy terms. Passengers should keep their own bills and records. If another driver caused the crash, passengers may also have a claim against that driver’s insurer in addition to MedPay.
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Related pages
The insurance company made a lowball offer: how to respond · Should I accept the first settlement offer after a car accident? · How long does a car accident settlement take? · Is a car accident settlement taxable? · Car accident settlement with no injuries: what you can claim · All car and truck accident questions
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Important: This page is general information about California and Washington law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 5, 2026.