Legal Question in Insurance Law in Georgia

Coordination of Benefits

John is a resident of Georgia, and had automobile insurance at the time that he was injured in a car accident. His automobile insurance included Medical Payments coverage of $2,000. He was driving his own car, and it was registered in Georgia in his name. John also had health insurance at the time of his accident. John was treated for his injuries and has to pay his medical bills, which total $4,596. John called the Georgia Insurance and Safety Fire Commissioner's Office. They said that his Medical Payments coverage is primary, and his health insurance is secondary. Why is his Medical Payments coverage primary? Can't he have the health insurance pay the bills and then get the $2,000 coverage for himself, to pay any other bills that he might have related to his accident?


Asked on 10/02/02, 9:23 am

1 Answer from Attorneys
Lori Jolly COMMANDER + POUND, LLP

Re: Coordination of Benefits

Med-pay benefits would be primary payor in the circumstances described. A close look at the health insurance policy will likely reveal a coordination of benefits section that provides the priority of benefit payments. If health insurance had paid first, upon learning of med-pay benefits, the health insurer would most likly seek reimbursement of the $2000 they paid "out of order". Also, med pay benefits are for medical costs, so the funds are not available to use for non-medical reimbursement/bills even if related to the collision.

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Answered on 10/02/02, 2:35 pm


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