An uninsured driver negligence may cause your auto accident. If you have Medicare, it may pay some of your medical bills.
If Medicare pays bills, it will demand that you repay Medicare from any injury settlement that you get. If you don’t pay Medicare, you can face criminal and civil penalties.
Hopefully you’re an insured under an auto insurance policy that has uninsured motorist (“UM”) coverage.
You may have a UM claim if you were on a motorcycle when the crash happened in Florida. Maybe you were in a car that has uninsured motorist coverage.
There are many other scenarios as well.
You’ll want to make a claim against the UM insurer for your past medical bills, future medical bills, lost wages, pain, suffering and other any damages.
Make a Claim Against the UM Insurer for Bills Paid By Medicare
You should be sure to make a claim against the UM insurer for bills that Medicare paid.
The UM insurer may claim that they don’t have to pay you for any bills that Medicare paid because they’re duplicate benefits that you already received by Medicare.
If you’re dealing with a Florida UM insurance policy, the insurer is wrong.
This is because bills paid by Medicare are not deductible from a verdict for uninsured motorist coverage under Section 627.272(1), Florida Statutes. Atkins v. Allstate Insurance Co.,382 So.2d 1276 (Fla. 3d DCA 1980).
In the Atkins case, Allstate Insurance Company argued that bills paid by Medicare were deductible from an uninsured motorist insurance arbitration award.
The court ruled against Allstate. This is just one example of why you should never listen to an insurance company.
Again, if you settle your personal injury case, you must reimburse Medicare for any bills that Medicare paid relating to the accident.
If you get a lawyer, Medicare will reduce its lien by your attorney’s fees and costs. This is one advantage to hiring a lawyer.
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