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Asked over 1 year ago - Gastonia, NC
FlagJan 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).
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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