Underinsured Motorist and Medpay Injury Offset Question
Q. My question is about Medpay. My insurance, the Underinsured Motorist carrier says that since they paid me $10,000 in Medpay, they also get an offset for that meaning I only get $75,000. Is this true?
A. Oh, the games insurance companies play. In your case, a fractured pelvis is almost always going to have a value of way over $100,000. There are heavy past medical bills and almost always severe long term consequences. In California, insurance companies get an offset against the VALUE of the case
And not merely against the Underinsured Policy Limits. Since the value of your case is over $110,000 almost certainly, the insurance company does NOT get an offset for the Medpay paid. They need to pay you the additional $85,000.
I’ve been a Sacramento Personal Injury Lawyer since 1982. IF I can help you in any way on this, call me at 916-921-6400. Ed