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Will Medicare will pay your accident related medical expenses?

Posted by Guy DiMartino | Jan 23, 2015 | 0 Comments

The baby boomers are reaching retirement age and with retirement comes Medicare. A question that people injured in accidents have is will Medicare pay my accident related expenses?

The simple answer is yes. This is how it works. If you're injured in an accident, the first line of insurance would be first party medical payments. Many car insurance policies have med-pay. Medical payments limits are usually $1000 to $10,000. Also, a lot of commercial general liability and homeowner's policies have med-pay. If you are injured on a person's or business' property and there is med-pay available, it will pay your accident related expenses regardless of fault.

If you are a Medicare beneficiary and your med-pay benefits have reached its limit, your health care providers should bill Medicare. Healthcare providers are not real thrilled about having to bill Medicare because they will be paid the Medicare fee schedule, which is substantially lower than the provider's regular fees.

If Medicare pays injury related expenses, the payments are “ conditional payments”, which are covered under the Medicare Secondary Payer Act. At the end of your case, Medicare will have a right of reimbursement. The same is true with health insurance and med-pay insurance. Medicare's right of reimbursement is not dollar for dollar. So if you have a lawyer representing you in your accident claim- Medicare will pay a pro-rata share of the attorney's fees and costs.

Some injured people don't want to go through the hassle of dealing with Medicare but in the long run, it is best that Medicare handle your expenses for a number of reasons.

Every year the Medicare secondary payer law gets more and more complex. Please don't put yourself in a position to settle a case on your own when Medicare has made some payments because you could lose your Medicare benefits in the future.

If you have any questions about how Medicare works with your accident claim, give us a call us immediately at (219) 874-4878

About the Author

Guy DiMartino

I have loved helping people in need for almost three decades.  It has been my privilege to serve people as their pastor, chiropractor, and lawyer.  The current focus of my legal practice and life’s passion is helping the seriously injured receive complete compensation for their injuries. I am a Florida Board Certified Civil Trial Attorney. What that really means is that I am no stranger to the courtroom.  I have successfully tried and handled serious cases in state and federal courts.  My backgrounds in both law and chiropractic medicine have given me a unique perspective, extensive knowledge, and wide experience to serve those I represent. For years as a chiropractic physician, I treated my patients to alleviate their pain and suffering. Now as their lawyer, I fight to bring them financial compensation for their pain and suffering. During my years of service, I have handled many traumatic injury cases ranging from the traumatic amputation of a limb to brain and spinal cord injury.  I consider it an honor to serve you and your family. When a person entrusts me and I accept to represent them, I don’t take that relationship and responsibility lightly. My approach is that we work as a team. We are partners and our goal is the best outcome for you and your family with the highest level of communication throughout. I am always available by phone or email to discuss my potential representation of your injury case. I handle cases throughout Florida. Education: National University of Health Sciences – BS (1984), DC (1986) Valparaiso University School of Law – JD, summa cum laude (1999) Bar Admissions: Florida (2000), Indiana (1999), Illinois (2000, expired); US District Courts of Appeals (11th Circuit, 7th Circuit); United States District Courts: Southern and Middle Districts of Florida; Northern and Southern Districts of Indiana; Northern and Central Districts of Illinois; and District of Colorado. Certification:  Civil Trial, Florida Bar Guy DiMartino on Google+ – Circle Guy on Google+ Guy DiMartino on Google+

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