Does fault matter for collecting MedPay benefits after a Georgia crash?

· 2 min read

Fault is largely beside the point when it comes to medical payments coverage (MedPay). This is no-fault first-party coverage, meaning an insured can collect MedPay for accident-related medical expenses whether or not they caused the crash. That is exactly what distinguishes it from a liability claim against the other driver.

No-fault by design

MedPay is purchased on a person’s own auto policy to pay medical bills arising from a covered accident, up to the policy limit. Because it responds based on coverage rather than blame, the insured does not have to prove the other driver was negligent, and being partly or even entirely at fault does not disqualify the insured from MedPay benefits. The coverage simply pays eligible medical costs for those it protects, typically the policyholder, household family members, and often passengers in the insured vehicle.

That is the opposite of a bodily-injury claim against the at-fault driver, where O.C.G.A. § 51-12-33 trims a recovery by the claimant’s share of blame and cuts it off entirely once that share reaches half. MedPay sidesteps that fault analysis completely.

Where fault still creeps in

Although fault does not control eligibility, a few related issues can still surface:

  • A liability claim against the other driver remains subject to comparative fault, so MedPay does not erase the role fault plays in the larger case.
  • Policy conditions, such as cooperation requirements and limits on who qualifies as an insured, can affect a MedPay claim independent of fault.
  • Reimbursement questions may arise later if the insured also recovers from the at-fault party, depending on the policy’s terms.

So while collecting MedPay itself does not depend on who was to blame, fault continues to drive the value of any claim against the other driver.

The bottom line

After a Georgia crash, fault does not determine whether MedPay pays; the coverage is no-fault and responds to medical bills regardless of who caused the wreck. The apportionment scheme in § 51-12-33 still controls the separate liability claim against the at-fault driver, so the two run on entirely different tracks.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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