- October 28, 2013
- In auto Accidents
When you are injured in an accident and your health insurance pays your medical fees, they expect to be reimbursed once your case has come to a conclusion. Some personal injury victims are surprised to learn that this reimbursement right applies to Medicare and Medi-Cal as well. However, the good news is that in most situations the government-based program that administers Medicare and Medi-Cal is willing to negotiate their reimbursement request with your Los Angeles accident attorney.
Is It Fair For Medicare or Medi-Cal to Request a Reimbursement?
Most personal injury victims understandably feel that it is unfair for Medicare or Medi-Cal to request a reimbursement of the medical payments once their case has concluded. After all, they argue that if they had not hired an attorney to pursue their case, the health insurer would never have expected or gotten reimbursement.
On the flip side, Medicare and Medi-Cal argue that it is a windfall to the personal injury victim who successfully brings a lawsuit not to repay the carrier who paid for their medical fees while they were waiting for their case to come to a conclusion.
Reimbursement Rights Under the Law
Regardless of whether this reimbursement is fair or not, both Medicare and Medi-Cal are entitled to reimbursement under Federal and State laws. The applicable statutes state that the governmental entity has a “superior lien” that takes priority over any other and must be repaid if the case is successful.
However, in most situations, the governmental entity administering Medicare or Medi-Cal will agree to reduce their expected amount of reimbursement based upon the “Common Fund Doctrine” rule.
Our Los Angeles accident attorneys understand that when you are injured in an accident, you deserve and expect the maximum compensation that you are entitled to. As such, we will aggressively negotiate your medical liens to ensure that you get maximum compensation.
Call Us Today!
For more information about Medicare and Medi-Cal lien reimbursements, call the Law Offices of Samer Habbas at (888) 848-5084 to schedule a complimentary consultation with one of our experienced Los Angeles accident attorney.
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