The injuries I suffered from being rear-ended by another driver were paid for by Medicare.

Asked about 2 years ago - Waco, TX

I filed suit on the very last day Texas law allowed me to do so, well after the time I had my surgeries and Medicare paid for them. If I now win my suit, do I have any responsibility to repay Medicare, or will it be totally the responsibility of the other driver's insurance company?

Attorney answers (6)

  1. Marc Christopher Lenahan

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . You still have to repay Medicare. The right lawyer will work very hard to help you keep as much of what you win as possible.

    ••••• Sent Mobile •••••

    Marc C. Lenahan
    Lenahan Law, P.L.L.C.
    SevereInjuryLawFirm.com

    214•295•1008
    214•295•2664 fax
    888•482•2820 toll-free

    2655 Villa Creek, Suite 204
    Dallas, Texas 75235
    Law@Lenahan.com

    Advisory Board Member,
    National Crime Victims Bar Association

    Board Member,
    Brain Injury Association of Texas

  2. John Gus Zgourides

    Contributor Level 17

    2

    Lawyers agree

    Answered . The Medicare Secondary Payor Act is intended to reimburse Medicare from tort recoveries. The settling party's insurer will likely insist on withholding money to satisfy Medicare's interest. With a good plaintiff's lawyer, the amount due to Medicare could be reduced or even waived, depending on the facts.

    John Zgourides
    Http://zgourides.com

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  3. Andrew Daniel Myers

    Contributor Level 20

    3

    Lawyers agree

    Answered . I know that you asked an "either or" question, but the answer is both. You have an obligation to address the Medicare lien. That obligation remains with you regardless if you flied on the first day or the last day. This is why your attorney needs to negotiate the highest possible settlement - or hope to get a very high verdict. Medicare's lien is statutory in nature, meaning that the other driver's insurance company has an obligation to address the lien prior to making any payout. Experienced attorneys negotiate such liens and the process should start as early as possible.

  4. Gregg Samuel Harrison

    Contributor Level 13

    1

    Lawyer agrees

    Answered . By federal law, Medicare has a right to be reimbursed. You should consult an attorney in your area to handle your entire claim/lawsuit.

    All responses on this site by this attorney are considered practical & general and does not constitute absolute or... more
  5. Robert C. Slim

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Any medical treatment for injuries resulting from the car accident that was paid for by Medicare will have to be reimbursed to Medicare. This is done if there is any settlement or recovery in your case.

  6. Marc P. Weingarten

    Contributor Level 11

    1

    Lawyer agrees

    Answered . Yes. It is a complicated and time consuming process, but your lawyer will have to work with Medicare to calculate and repay their lien. There is a federal statute which mandates this be done.

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