Medical payments (MedPay) coverage in Georgia auto policies

MedPay reimburses reasonable and necessary medical and funeral expenses from a motor vehicle accident, whoever was at fault. O.C.G.A. § 33-34-2(1) defines it, and it applies to the named insured, a resident spouse or relative, and anyone else legally occupying the covered vehicle. It pays nothing for wages or pain. Whether the insurer can get its money back from your later recovery is limited by Georgia’s made-whole statute, § 33-24-56.1.

What the definition says

Feature	Statutory words	Practical meaning
Fault	"without regard to the insured's liability for the accident"	A driver who caused the crash can still claim
Expenses	"reasonable and necessary medical expenses and funeral expenses"	Not wages, not pain, not the vehicle
Who	Named insured, resident spouse, resident relative "while occupying the covered motor vehicle", and "any other person legally occupying a covered motor vehicle"	Passengers are included
Time	"services rendered within three years from the date of the accident"	An insurer may allow longer

Policies can extend beyond this, for example to an insured who is a pedestrian. The definition gives a baseline, so check the policy and the limit shown on the declarations page. The available tiers vary by insurer.

Why it can matter early

The value is in timing. Bills start arriving long before a liability claim settles. MedPay can pay an ambulance, an emergency visit, or a health plan’s deductible while fault is still being argued. For a driver with no health plan or a high deductible, that can be the difference between paying and collections. Whether a provider must bill MedPay or a health plan first depends on the provider’s contracts and the policy language, so the order is worth asking about.

A funeral bill can be paid too. In a death case, that interacts with the estate’s own claim, as covered on funeral and burial expenses.

Does the insurer get it back?

Georgia limits that recovery by statute. Section 33-24-56.1 covers a “benefit provider”, which includes “any insurer” paying health care expenses “or any other benefits”.

Three provisions matter:

• Reimbursement only if made whole. Under (b)(1), a benefit provider may require reimbursement only if the recovery “exceeds the sum of all economic and noneconomic losses incurred as a result of the injury”, and only up to the amount allocated to those categories. Under (b)(2), the claim is reduced for attorney’s fees and litigation expenses.
• No direct subrogation against the wrongdoer. Under (e), “Subrogation for medical expenses and disability payments by a benefit provider against a person at fault for injury is prohibited”, and a provider seeking reimbursement may not be put on a settlement check as a copayee.
• No setoff. Under (f), a provider cannot reduce what it owes under coverage for “liability, uninsured motorist, disability, medical payments, or other benefits” as a setoff for its reimbursement claim.

So a blanket statement that MedPay can never be recovered goes too far, and so does a statement that it must always be repaid. Under (c), a benefit provider may seek a declaratory judgment on whether it can share in a settlement, and it has no right of reimbursement if the settlement does not fully compensate the injured person. ERISA plans and government programs can raise federal questions, which are separate. See medical liens and subrogation.

MedPay and other coverage

Liability claim. A MedPay payment comes from your own contract. The at-fault driver has no credit for it under the collateral source rule in a cause of action arising before April 21, 2025. For a later cause of action, § 51-12-1.1 brings in evidence of what health insurance would pay, and its language concerns “health insurance”. Whether MedPay fits that language is something counsel should read for the case. See medical expenses.

Uninsured motorist claim. Section 33-7-11(i) allows a policy to exclude UM liability for injury “for which the insured has been compensated pursuant to ‘medical payments coverage'”. So MedPay and UM do not necessarily add up in full for the same bill. The policy controls whether it contains that exclusion.

Health insurance. Subsection (f) above leaves room for “the coordination of benefits between or among benefit providers”.

Not the same as no-fault insurance

Georgia has a fault-based system, explained on Georgia’s fault-based system. MedPay is one no-fault piece within it, and it does not replace wages or reach non-economic loss. Personal injury protection in other states can be broader. A driver moving to Georgia should not assume the old policy’s benefits carried over.

If the insurer refuses

MedPay is first-party coverage, so O.C.G.A. § 33-4-6 can apply to a refusal to pay within 60 days of demand if bad faith is found. The recovery can include up to 50 percent of the insurer’s liability for the loss or $5,000, whichever is greater, plus reasonable attorney’s fees. There is no penalty where the insurer has a reasonable ground to contest. A reader should send a clear written demand and keep proof of delivery. See insurance bad faith.

How to use it after a crash

1. Check the declarations page for the limit, and confirm who was occupying the covered vehicle.
2. Open a claim with your own insurer, and ask what it needs for each bill.
3. Send itemized bills and records as they come in, because services must be within the policy’s period.
4. Keep a running list of what MedPay paid, so any later reimbursement or UM discussion can be checked.
5. Before any settlement, ask whether the insurer asserts a reimbursement claim, and test it against § 33-24-56.1(b).

Choosing a limit

Georgia does not require this coverage in the mandatory insurance section, § 33-34-4. A driver can compare the extra premium with their health plan’s deductible and out-of-pocket maximum, and consider passengers who may have no health coverage. A higher limit does not change fault or liability.

Sources

• Official Code of Georgia Annotated, November 2022 public release: §§ 33-4-6, 33-7-11, 33-24-56.1, 33-34-2, 33-34-4
• Senate Bill 68, as passed (2025): Section 7, enacting § 51-12-1.1

This page was last reviewed in November 2026 for general information. Laws and court decisions can change after that date. It is not legal advice and does not create an attorney-client relationship.