Colorado MedPay After a Crash: An RN-Lawyer's Guide

MedPay is the part of a Colorado auto policy that pays your crash medical bills no matter who caused the crash. Every Colorado auto liability policy must include $5,000 of MedPay unless the named insured turned it down in writing, and if the insurer can't prove that rejection, the policy is treated as having $5,000 of coverage (C.R.S. § 10-4-635). The insurer that pays it has no right to recover that money from the at-fault driver.

What are the key MedPay numbers in Colorado?

1. 1. $5,000: the default MedPay amount on every Colorado auto liability policy.
2. 2. In writing: the only way to turn it down, and the insurer must keep that proof for 3 years.
3. 3. $5,000 reserve: the amount set aside for trauma care, like the ambulance and the ER team.
4. 4. 30 days: how long that trauma reserve is held after the insurer learns of the crash.
5. 5. $0: what the MedPay insurer can take back from the driver who hit you.

The ambulance ride alone can cost more than a month's rent. Add the ER, a CT scan, and lab work, and the bills show up before you've even processed the crash. As a nurse, I watched that happen to patients for years. MedPay is the quiet coverage that can pay those first bills fast, and many people don't know they have it.

Who gets paid first from Colorado MedPay?

Trauma care gets paid first. Once the insurer hears about the crash, from you or a provider, it must hold $5,000 of MedPay for trauma providers for 30 days. The statute sets the order:

1. 1. Ground or air ambulances that gave care at the scene or on the way to a trauma center.
2. 2. Trauma physicians who stabilized you or gave the first round of care.
3. 3. Level IV and V trauma centers that stabilized you.
4. 4. Level I, II, and III trauma centers, and regional pediatric trauma centers.

After 30 days, any part of that reserve no trauma provider has claimed can pay other bills, like follow-up visits or physical therapy. So a bill from your family doctor may wait a few weeks while the reserve is held. That delay is built into the law, not a sign your claim was denied.

What does MedPay cover, and what doesn't it cover?

Colorado MedPay pays providers for “medically necessary and accident-related” care (C.R.S. § 10-4-635(2)(a)). That usually means the ambulance, the ER, imaging, the first doctor visits, and early follow-up. MedPay does not pay for pain and suffering, lost wages, or car repairs. It does not replace a claim against the driver who hit you. Think of it as fast help with medical bills, not the whole recovery.

Does Colorado MedPay apply to motorcycles?

No. The $5,000 rule does not apply to policies for motorcycles, autocycles, low-power scooters, snowmobiles, or vehicles built mainly for off-road use (C.R.S. § 10-4-635(4)(a)). A rider may still have bought medical payments coverage by choice, so check the declarations page. If you were hit on a bike or on foot, the car's policy or your own household auto policy may still help, depending on the policy terms.

Does using MedPay hurt my injury settlement?

Using MedPay usually helps. Under C.R.S. § 10-4-635(3)(a), the MedPay insurer “shall not have a right to recover” against the at-fault driver for what it paid, and it has no direct lawsuit against them. It also can't come after you for that money unless it was paid because of fraud. Health insurers often do seek repayment out of a settlement. MedPay money, by contrast, generally stays paid.

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An insurer providing benefits under medical payments coverage in the amount specified in this section or in a greater amount than the amount specified in this section shall not have a right to recover against an owner, user, or operator of a motor vehicle.

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MedPay doesn't shrink your UM or UIM coverage either. The uninsured motorist statute bars any setoff for medical payments coverage, health insurance, or other coverage (C.R.S. § 10-4-609(1)(c)). Our UM/UIM guide explains how the two fit together.

How do I use MedPay for ER bills after a Colorado crash?

1. 1. Find every policy that may apply: yours, the car you rode in, and household policies.
2. 2. Call the auto insurer and open a MedPay claim. It is separate from the fault claim.
3. 3. Give the basic crash facts, your providers' names, and a signed medical release.
4. 4. Send each bill as it arrives, before a provider sends it to collections.
5. 5. Skip the recorded statement. MedPay doesn't depend on fault, so you don't need to argue it.

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The mistake I see most is waiting. People assume health insurance has to go first, or that they need to know who was at fault. Neither is true for MedPay. Open the claim the week of the crash and send every bill.

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What does MedPay look like in a real Durango crash?

Picture a Durango driver rear-ended on Highway 160. They feel shaken but walk away. That night, neck pain and dizziness set in, and the next morning they go to the ER. Weeks later, a $6,000 ER bill arrives. Their health plan has a high deductible, and the other driver's insurer hasn't accepted fault yet.

Their own policy carries the standard $5,000 of MedPay. If that ER is a designated trauma center, the bill is paid from the held reserve. Either way, MedPay pays up to $5,000 without waiting on fault. Health insurance picks up part of the last $1,000. And because the MedPay insurer can't go after the at-fault driver, that $5,000 doesn't come back out of the injury settlement later.

MedPay handles the first bills. The rest of the claim, including lost pay and pain and suffering, runs against the driver who caused the crash. Our car accident team, part of our Durango personal injury practice, can help you line up both, and a free consultation is the easiest place to start.