When an accident occurs and I am not at fault do I file a Medpay claim on my policy, a personal injury claim on the at fault driver’s policy or both?

I was in an auto accident and the other driver was determined to be at fault. We both use the same Insurance carrier. I have MedPay on my policy and a claim has been filed against it for my medical expenses. I also have a claim filed on the at fault driver’s policy for personal injury. Since both policies are with the same insurance carrier, where should the medical payments be paid from? Am I allowed to obtain payment from both and the overpayment to the medical provider be refunded to me?

Asked on June 26, 2009 under Accident Law, North Carolina


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The automobile insurance system is set up under state law, and it differs from one state to another.  In many states, medical coverage (if you have it) is on a no-fault basis; if you're hurt in an accident, your policy will pay that, whether it's your fault or the other driver's.  Your policy language (if you can decipher the legalese) should explain that.  One thing that I'm pretty certain of, is that you can't get double payment on your medical expenses;  if you try to do that by lying about the first coverage when going for the second, it would be considered fraud.

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