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I was in a car accident recently (not my fault) and only using my private insurance, I have Medicare as well. Is that ok?

San Francisco, CA |

I'm on SSDI. I have Medicare and private insurance, but only been using my private insurance. I thought it would be easier to just use my private insurance to make the case less complicated and to get compensated for my pain and suffering. Is that ok? Can I get in trouble for not using my Medicare?

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Attorney answers 6

Best Answer

Any consequences for not using medicare would likely be found in your policy with the private insurer.

If you were injured in an accident I urge you to contact a personal injury attorney in your community. You can find many good attorneys here on Avvo. The consultation would be free of charge and without any obligations. At the very least, you will come away from the meeting knowing much more about your rights and your case.

Any insurer, be it medicare or private insurance, has a right to be reimbursed out of your recovery from the third party. There are some laws that limit what they can recover and some that may eliminate the right all together depending on the circumstances of your case. Medicare is notoriously difficult to deal with, so if you can avoid them, I suggest you do so.

Still, for the reasons discussed above, you should talk to an attorney as soon as possible.

Good luck.

This response applies to California Law only and does not create any legal relationship between the attorney and the person who submitted the question.


Do yourself a favor, retain an attorney!

My law firm handles car accident cases all over the state of California. You can read about these cases at . If you want to discuss your case, you may call me for a free consultation at 800-816-1529 x. 1.

No attorney/client relationship is or shall be created by this response on Avvo to non-clients of The Law Offices of Norman Gregory Fernandez.


Depending how extensive your injuries are, you may exhaust one of the insurance benefits you have identified. You will need to comply with statutory medicare lien laws and coordinate your settlement immediately. Good luck and call me if you have any further questions. My office will be open to your questions. Take care.

ATTORNEY DISCLAIMER TO THE ABOVE ANSWER: The information that I have provided to you is for general information purposes only and shall not be construed as legal advice for your individual circumstance. This information is not intended to create an attorney-client relationship and you should consult with an attorney in your State directly so that the attorney has the full facts, documents, and an account from other witnesses that help support your contentions. If you like my comment, please click on the thumbs-up link below.


Best bet is retain an attorney in your state who can get you proper compensation. The lawyer can negotiate the medicare lien down.

Licensed in Pennsylvania & New Jersey & Serving the Nation. Only 29% Fee Deducted. 1-877-258-3083.


Using private insurance is probably easier than dealing with Medicare lien issues later. However,you should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on dealing with many of the issues you are now facing.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. 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. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.


call me for a free consultation at 415-441-1052.

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