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Do you have to pay back your medical insurance company if the injuries for which you had those payments were related to
a personal injury claim? The answer is maybe. So, if you’re injured in a personal injury case, car crash, truck crash,
slip and fall, workers comp, product liability case, medical malpractice case, it doesn’t matter. You want to go get all
your medical care and put it on your health insurance, and then get better.
If you have a claim against someone else. You’re rear-ended and you make a claim against the car insurance company. You
make a claim against the truck company. You slipped in a grocery store and you make a claim against them. You have a
medical malpractice claim, against the medical provider, and you recover from them.
Sometimes, the medical insurance company — they paid your benefits — is entitled to their money back and Medicare and
Medicaid as well because they’re health insurers as well. The way you figure that out is if it’s a local plan in one
state, typically you don’t get your money back. If it’s a multi-state plan governed by ERISA, the Employee Retirement
Income Security Act of 1974, then they often are entitled to make a lien, a subrogation lien, or a lien in your case,
and they’ll put you on notice, and they have these big companies that try to collect this money back. Everybody wants
their money back these days.
One of the things we do at our firm, I’m Gary Burger, I’m a lawyer, I’m at Burger Law, 314-542-2222, 866-599-2222, in
Illinois 618-272-2222. Find me on the interweb at www.burgerlaw.com.
One of the things we do is not only do we try to collect as much as we can from the defendants in the case. We try to
lessen or reduce the liens as much in the back end. So, we’ll negotiate with these lien providers and say, “Hey, you got
a free lawyer to collect this money for it. Knock it down a third. Hey, there’s a hard liability case. We had to
discount the recovery by 50% because our client was partially at fault,” or, “We had to reduce the liability because
although our client’s damages were huge, there was a cap in insurance, this is only as much as we can get,” or we say,
“Hey, send us the EOBs. Hey, we looked at all these EOBs, you’re saying you have $50,000 in medical you paid on this,
but if you look at this, only $7,000 was paid for this case, the other $43,000 was for other care not related to this
injury, so you need to reduce the lien in that way.”
There are a variety of ways we get a fair resolution for you, still pay back your medical insurance providers, so you
can continue on, put as much money in your pocket as we can in this case, both by getting as much in the front end from
the defendants and reducing the payments on the back end, and putting as much money tax-free into your pocket. Personal
injury settlements and verdicts and judgments are tax-free, but we also want to keep your health insurance, so you don’t
jeopardize that.
If you have any questions about whether your health insurance can get their money back, MedPay, other issues, there are
a variety of issues that can come up in this. It’s a complicated matter. I teach other lawyers about it. You can give us
a call. I already gave you all our phone numbers in this video, and you could email me at [email protected]. Thanks.
Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Gary Burger who has more than 30 years of legal experience as a practicing personal injury trial attorney. Gary’s robust legal knowledge is recognized by his peers as demonstrated by his industry awards and frequent Continuing Legal Education (CLE) lectures.
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