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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

Posted

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.

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Posted

What would be fair since the settlement is $49K after 4 3/4 years and she has 2K in bills paid and the med pay is $8400 - - her percentage is 33.3% should the medpay should come from his insurance and she told us to use med pay since there is no pay back - -I kept asking her the amount that we would get and wanted min of 30K with her lack of interest and would NOT answer phone calls been waiting a week to talk to her she still hasen' t taken my phone calls been talking to a paralegal - - totally flustetred with her inability to talk to us since we know what is going on.

Richard Todd Rosenstein

Richard Todd Rosenstein

Posted

Sorry. I would not be able to comment directly on the settlement and/or other specific details of your case on this forum. In addition, I am only authorized to practice law in the State of California.

Posted

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.

Licensed & have offices in PA & NJ ONLY. (Philadelphia, PA & Marlton, NJ)

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Posted

Should have done that yrs ago - - she is a HOT MESS.

Elizabeth Taylor Herd

Elizabeth Taylor Herd

Posted

Since you have a settlement now just be aware that you would likely incur an additional fee. Sometimes the carrier will waive the lien and or reduce it. Ask your lawyer to negotiate this.

Asker

Posted

Lawyer will not return phone calls so do I contact agent and go from there- -???

Posted

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.

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Posted

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.

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Posted

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.

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Posted

would it have been a good idea for her to tell us when I kept asking what has to be paid back I DON"T Like surprises in the $1000 of dollars.

C. Donald Briggs III

C. Donald Briggs III

Posted

It would have been a good idea but you still would have owed the money. I understand why you would not like a surprise like this.

Charles Joseph Michael Candiano

Charles Joseph Michael Candiano

Posted

Some attorneys are afraid of losing a client if they are brutally honest because so many attorneys would use that honesty to steal the case by saying they could do better. As my colleagues have pointed out, the money was owed, in any case.

Posted

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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