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Lawyer never told me med pay had to be paid back till I settled I asked how much that medicare was to be paid back

South Roxana, IL |

Car accident and guy passed 2 cars at intersection and hit me broadside he was in a hurry to get to st.Louis for Cigs.

Attorney Answers 6


  1. The MedPay coverage portion of certain automobile insurance polices contain reimbursement provisions. There may be different provisions in each automobile insurance policy. MediCare has a lien on cases where there is MedPay and/or recovery from a third-party. The amounts which must be reimbursed to automobile insurance carriers and to MediCare are subject to reduction. Talk to your lawyer.


  2. Then perhaps you should get a better lawyer. Avvo has a terrific "find a lawyer" tool to locate a top-rated Avvo attorney with a low contingency fee. Good luck.

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  3. Apparently, you have settled your case and it's too late to do anything besides which you have not asked a question.

    If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.


  4. Med pay is contractual and is paid out if settlement, while Meducaid and Medicare are liens. Different rules talk to your lawyer.

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.


  5. If your case has settled, you should work with your lawyer to reduce any med pay or Medicare liens. Keep in mind that you had to repay these liens whether your lawyer told you about these liens or not.


  6. Technically Medpay, Medicare and Medicaid are subrogation interests. All have provided payment to your providers and want to be paid back whatever they have paid. All three are generally subject to the common fund doctrine which requires a 1/3 reduction in their interest to pay for attorney's fees. Medicare has their own reduction formula but it usually works out to more than a third because they take their pro rata share of costs.

    My post is for informational purposes only and in no way establishes an attorney client relationship.

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