What is the process for submitting medical bills to both my MedPay coverage and the other driver's liability insurance?
You should first submit your medical bills to your own MedPay carrier for prompt payment, and then include those same bills as part of a larger claim submitted to the at-fault driver's liability insurance for a final settlement.
Here is the step-by-step process:
Step 1: Immediately Report the Accident
Report the accident to both your own insurance company and the other driver's insurance company. When you speak to each, get a specific claim number for your records. Tell your insurer you intend to open a Medical Payments (MedPay) claim. Inform the other driver's insurer that you are filing a third-party liability claim against their insured.
Step 2: Use Your MedPay for Immediate Bills
Your MedPay coverage is "no-fault," meaning it pays for your reasonable and necessary medical treatment regardless of who caused the accident, up to your policy limit. Submit your initial emergency room bills, doctor's visit co-pays, and other early medical expenses directly to your MedPay adjuster for fast payment. This helps avoid having bills go to collections while you recover.
Step 3: Collect All Documents for the Liability Claim
While using MedPay, gather all documentation related to the accident. This includes every medical bill (even those paid by MedPay), medical records describing your injuries, proof of any lost wages from your employer, and receipts for any out-of-pocket expenses like prescriptions.
Step 4: Submit a Settlement Demand to the Liability Insurer
Once your medical treatment is complete, send a formal settlement demand letter to the other driver's insurance adjuster. This package should include all the documents you collected in Step 3. Your demand will request reimbursement for all medical costs, lost wages, and compensation for pain and suffering.
Important details and nuances:
Your insurance company has a right to be reimbursed for what it paid from your MedPay. This is called "subrogation." When you receive a settlement from the at-fault driver's insurance, your own insurer will claim the portion they paid out on your behalf. The other driver's liability coverage is only responsible if their driver is at fault, and it is limited to their policy amount (California's minimum is $15,000 per person).
Warnings and limitations:
Be aware of California's two-year statute of limitations for filing a personal injury lawsuit. Do not give a recorded statement to the other driver's insurance adjuster without first consulting an attorney. Once you accept a final settlement from the liability insurer, your claim is closed forever, even if you discover new injuries later.
This is general information and does not constitute legal advice. For complex situations, significant injuries, or if fault is disputed, you should consult with a qualified California attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
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