In Nevada, MedPay (Medical Payments coverage) is a common optional auto insurance benefit that can pay for medical bills after a car accident regardless of fault, up to the limits you purchased. PIP (Personal Injury Protection) is a similar “no-fault” style coverage used more widely in no-fault states, and it can include broader benefits in some policies, but Nevada is not a mandatory PIP/no-fault state. Many Nevada drivers have MedPay, not PIP.
1) What MedPay is, and what it typically pays
MedPay is designed to pay medical expenses incurred because of an auto accident, often including:
- ER and urgent care bills
- Imaging (X-ray, CT, MRI)
- Physical therapy and rehabilitation
- Follow-up doctor visits
- Sometimes dental or chiropractic care, depending on the policy
MedPay is valuable because it can help you get treatment without waiting for the liability claim to resolve, and it can reduce immediate out-of-pocket costs while the case is pending.
2) What PIP is, and how it differs from MedPay
PIP is often broader than MedPay in states where it is required, sometimes including wage-loss components or replacement services depending on the policy. In Nevada practice, PIP is less common for Nevada insureds, and whether you have it depends on your policy and where the policy was issued.
The key practical point is this: MedPay and PIP are first-party benefits, meaning they are benefits under your own policy, and the rules and deadlines are usually driven by contract language plus Nevada’s first-party claim handling law.
3) How to use MedPay to pay medical bills
A practical step-by-step approach:
- Notify your insurer promptly that you want to open a MedPay claim.
- Ask for the MedPay claim number and the adjuster’s contact info.
- Submit bills and records as requested, but avoid overbroad authorizations unless you understand them.
- Track what gets paid, including EOBs and payment logs.
- Coordinate MedPay with health insurance so you do not create unnecessary billing confusion.
If your insurer unreasonably delays or denies benefits owed, Nevada recognizes bad faith and implied covenant standards in appropriate first-party contexts. Ainsworth v. Combined Ins. Co. of Am., 104 Nev. 587, 763 P.2d 673 (1988). Pemberton v. Farmers Ins. Exch., 109 Nev. 789, 858 P.2d 380 (1993). Guar. Nat’l Ins. Co. v. Potter, 112 Nev. 199, 912 P.2d 267 (1996). Allstate Ins. Co. v. Miller, 125 Nev. 300, 212 P.3d 318 (2009). Nevada’s unfair claims practices statute is also relevant to claim handling conduct (NRS 686A.310).
4) MedPay does not replace your injury claim, it supports it
MedPay pays bills. It does not decide who was at fault. It does not replace your claim for:
- pain and suffering,
- wage loss,
- future medical expenses,
- permanent impairment,
- other damages you may be entitled to recover.
Nevada’s collateral source rule principles generally prevent a negligent defendant from reducing liability just because insurance paid medical bills. Proctor v. Castelletti, 112 Nev. 88, 911 P.2d 853 (1996). That said, MedPay may involve reimbursement or subrogation issues depending on policy language and the facts, and those issues should be evaluated before you resolve the liability claim.
5) Watch for liens and reimbursement issues when bills are being paid
Even if MedPay pays early, some cases involve other lien or reimbursement frameworks that must be handled correctly at settlement, such as:
- hospital lien issues (NRS 108.590; NRS 108.610),
- Medicaid lien and notice requirements when Medicaid paid (NRS 422.293),
- workers’ compensation liens when the crash was work-related (NRS 616C.215).
6) Deadlines still apply while you are using MedPay
Using MedPay does not stop the underlying personal injury statute of limitations. Most Nevada personal injury actions must be filed within two years (NRS 11.190(4)(e)).
Nevada Legal Authorities Cited
- NRS 11.190(4)(e).
- NRS 108.590.
- NRS 108.610.
- NRS 422.293.
- NRS 616C.215.
- NRS 686A.310.
- Ainsworth v. Combined Ins. Co. of Am., 104 Nev. 587, 763 P.2d 673 (1988).
- Allstate Ins. Co. v. Miller, 125 Nev. 300, 212 P.3d 318 (2009).
- Guar. Nat’l Ins. Co. v. Potter, 112 Nev. 199, 912 P.2d 267 (1996).
- Pemberton v. Farmers Ins. Exch., 109 Nev. 789, 858 P.2d 380 (1993).
- Proctor v. Castelletti, 112 Nev. 88, 911 P.2d 853 (1996).
If you need assistance with your personal injury case, don’t hesitate to contact Friedman Injury Law.
Friedman Injury Law
375 N. Stephanie St., Ste. 1411
Henderson, NV 89014
P: (702) 970-4222
W: blakefriedmanlaw.com