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Medicare and Medicaid Have Liens On Auto Claims

Last week the Houston Auto Accidents Attorneys at DeSimone Law Office started a discussion of liens that are placed on an injured party’s personal injury claim.  Liens are legal claims, either contractual or statutory, that have to be paid out of any settlement.  As a matter of fact, if a settlement is paid out without honoring the lien, the insurance company themselves would be on the hook for the lien anyway even though they already paid the settlement. Thus the insurance company will be particularly paranoid about making sure all liens are paid an any car accident.  Any medical bills paid by Medicaid or Medicare for example have to be reimbursed to those entities. Sounds simple enough until you try and obtain them. Medicare has a process that if you manage to wade yourself through all the requirements that they put on you to obtain their lien is a process that will take no less than 90 days. Knowing who to call and what paperwork to send in is something that a lay person will find extremely difficult or impossible to do.  The insurance company likes this fact. If you cannot get the Medicare lien, they have an excuse to never pay any settled insurance claim.  The Medicaid liens are a little easier to obtain but once again if you have never done it, you will find it extremely difficult.  As a matter of fact if you have either Medicare or Medicaid but they have not paid any of your medical expenses related to the accident the insurance company will make you obtain a letter from either one showing nothing has been paid which is just as onerous to obtain as a lien letter.

If you have been involved in an accidnet and have had some of your medical bills paid by Medicare or Medicaid, call the lawyers at DeSimone Law Office.  They have handled such legal matters for many years and will make sure you get the settlement you deserve in a timely manner.

This entry was posted in Car Accidents, Houston Auto Accident Attorney, Medical Expenses, Personal Injuries, Uncategorized and tagged , , , , , , . Bookmark the permalink.
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