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How do I negotiate a lien that has been placed on my uninsured motorist for injuries from a car crash not our fault?

Gastonia, NC |

Jan 16th, my husband was hit by an uninsured motorist. The result is a traumatic brain injury. My insurance company is asking me to negotiate with Medicare to get the lien on our uninsured motorist reduced. Is that possible? We need as much as we can get since he can't (and may not ever work again).

Attorney Answers 6


  1. I assume that you are prudent enough to have a personal injury lawyer helping you get your UM/UIM, and that lawyer can negotiate the lien down, but it would be difficult to do it yourself.

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  2. This is not an Immigration question.

    LEGAL DISCLAIMER: The answer(s) given are only to be deemed general in nature as all of the facts of your case were not provided and thoroughly reviewed. Any answers are NOT to be deemed as attorney advice as a full legal opinion can NOT be provided at this time without a complete analysis of all of the facts regarding your particular matter. Any and all statements provided do NOT in any way create any type of attorney/client relationship.


  3. This is not an Immigration question.

    LEGAL DISCLAIMER: The answer(s) given are only to be deemed general in nature as all of the facts of your case were not provided and thoroughly reviewed. Any answers are NOT to be deemed as attorney advice as a full legal opinion can NOT be provided at this time without a complete analysis of all of the facts regarding your particular matter. Any and all statements provided do NOT in any way create any type of attorney/client relationship.


  4. AVVO loves to thing "a lien" is a typo for "alien"; please report as its in the immigrations ection.

    Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.


  5. Contact a personal injury lawyer.

    Goodluck.


  6. Negotiating with Medicare can be a difficult ordeal for a number of reasons. First, the process that you go through differs on whether you are trying to get a reduction of the lien or the lien completely extinguished. Second, it is nearly impossible to get contact with just one person at Medicare. Unfortunately, you will get a different person each time you call, who will inevitably tell you something that conflicts with what another Medicare rep has said previously. Be prepared to have a lot of patience in the process.
    I highly recommend that you talk with a lawyer about where you are in the process to learn what your options are, and to make sure that you really have exhausted all of the available uninsured motorist coverage available to your husband. You cannot trust an adjuster to tell you that honestly and correctly.
    A one hour consultation with a lawyer who handles complex auto cases and traumatic brain injuries would be a good idea. Most law firms, including my own, will meet with you for free and should take plenty of time to apprise you and your husband of your legal options. It may be that you really don't need a lawyer, but that should be an informed and educated decision, that I am not sure you are completely able to make right now.

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