Med Pay Insurance Coverage For Pedestrian Accidents

Many people have “med pay” coverage under their own auto insurance policy. “Med pay” is called “medical expense benefits” (MEB) coverage by personal injury lawyers and insurance adjusters. Insurance companies are required by Virginia law to offer “MEB” coverage to policyholders who can accept or reject this coverage. “MEB” policy limits generally range from $1,000 to $10,000 per insured vehicle. Medical expense benefits cover the policyholder and all family members who reside in the same household who suffer personal injuries in a motor vehicle accident, including pedestrian accidents. Virginia law requires stacking of coverage up to four vehicles.

A family member is not required to be occupying an auto to be entitled to medical expense benefits coverage. She can be injured in a pedestrian accident and be entitled to “MEB” coverage under the family auto policy. The only requirement for “MEB” coverage is that the pedestrian be struck by a motor vehicle.

Maryann is walking to the drug store in Fairfax, Virginia. She is in the “safety zone” of the crosswalk as she crosses Braddock Road. Midway through the crosswalk, Maryann is struck by a negligent driver and suffers personal injuries in this Fairfax, Virginia pedestrian accident. Her dad has four cars on the family auto policy insured with Allstate. Each car has med-pay coverage of $10,000. Maryann suffered serious personal injuries. Her medical bills total $40,000. Maryann is entitled to $40,000 in med-pay coverage from Allstate even though she was not occupying any automobile when injured.

Mr. Schwartz, can the negligent driver take advantage of the $40,000 Allstate payment Maryann received in med-pay?

ANSWER: No. The law does not allow a wrongdoer to benefit from his victim’s insurance coverage. The wrongdoer must take full responsibility and pay the full value of the claim resulting from his negligence. The wrongdoer receives no credit for the med-pay Maryann received from her own insurance company.

To learn more about Virginia medical expense benefits coverage (known as med-pay) in auto accident personal injury cases, please consult “Understanding Auto Insurance Law: Maximizing Recovery With Medical Expense Benefits Coverage”, written by Gerald Schwartz, published in the Journal of the Virginia Trial Lawyers Association. You can review this article by clicking here.

Gerald Schwartz is an Alexandria pedestrian accident lawyer who has represented clients all over Northern Virginia including Fairfax, Virginia and surrounding communities. He often teaches other Virginia personal injury lawyers how to maximize insurance recoveries in serious injury and wrongful death cases. For a free consultation, call Gerald Schwartz at 1-800-423-0055.