Medical Payments (Med Pay)

Medical Payments is another first party coverage, optional in Florida, generally purchased in amounts of from $2,000 to $5,000, with greater limits are available from most standard insurance companies. The coverage applies to any injuries suffered by you or an occupant of your car, where the injury arises from a motor vehicle accident. Generally, policies provide coverage for “reasonable expense incurred for necessary medical and funeral service”. The coverage is not specifically governed by Florida Satutes, so the policy provisions for med pay are regulated under Florida common (case) law.

Med pay lawsuits lawsuits brought by insureds against their insurance company for Med Pay benefits are few, in large part due to the generally limited amount of coverage involved, and Florida Statute, Section 627.428, which provides for the recovery of attorney fees by an insured who is successful in such a claim or lawsuit.

As with all first party coverages, with the exception of PIP/No Fault, insurers retain the right to pursue subrogation claims against the person(s) or business causing the injuries for which benefits were paid. More and more insurers in Florida are pursuing this source of revenue by aggressively filing lawsuits against such individuals and businesses.