Can I Get Med Pay and Liability Insurance Payments in the Same Accident?
There are three basic situations where you may find this coming into play:
1) You are the passenger in the at fault car. You can access the medical payments coverage and make a claim under the liability policy. If the verdict or case value exceeds the policy limits, then you get both. For example, $5,000 in medical payments coverage and $25,000 in limits on a $50,000 case means you get both med pay and liability limits. Orndorff v. Brown If the case is worth $17,000 and you get $5,000 from the medpay, you only get $17,000 total.
2) You get hit by an uninsured motorist. Can you collect med pay and the UM coverage? Yes and they can stack if the value of the claim exceeds the UM limits, otherwise, they get the offset, just like in example #1.
3) You get hit by a defendant and you have medpay. Can you recover both from their liability policy and from the med pay? Yes. The best part is that the med pay is rarely entitled to ask for reimbursement unless they can show that you were made whole in your settlement with the tortfeasor.