I Was Seriously Injured In A Truck Accident — Can Medicare Demand To Be Repaid For Medical Expenses It Paid?

Posted by John Finnerty & filed under Areas of Practice, Auto Accidents, DLP Law, Insurance Disputes, Motorcycle Accidents, Serious Injury, Truck Accidents, Workers Compensation.


Medicare and most private health insurance companies generally have a right to be reimbursed for any medical expenses they pay for accident-related injuries if the injured party obtains a personal injury (monetary) settlement/award against the party responsible for causing the accident.  This right is referred to as subrogation.  Medicare has an absolute right to be reimbursed for medical expenses it paid.  Whether a private health insurance carrier has such a right depends on the language of the insurance plan and federal & state law.  For example, Pennsylvania’s Motor Vehicle Financial Responsibility Law precludes a private health insurer that is not an HMO or an ERISA plan from asserting a subrogation claim for medical expenses it pays for to treat a person’s injuries that were sustained in a motor vehicle accident.  If a health insurer (including Medicare) has a subrogation claim, it generally will reduce its claim to satisfy a proportionate share of the injured person’s attorneys fees and litigation costs incurred in obtaining the settlement/award.  

Dougherty, Leventhal & Price, L.L.P. (DLP) represents seriously injured and catastrophically injured victims of auto accidents, bus accidents, SUV accidents, motorcycle accidents, truck accidents, bicycle accidents, pedestrian accident and  tractor trailer accidents (including work accidents) throughout Northeastern Pennsylvania, including the Counties of  Lackawanna, Luzerne, Monroe, Pike, Wayne, Wyoming, Sullivan, Montour, Lycoming, Schuylkill, Tioga, Bradford, Susquehanna, Northampton, Carbon and Columbia.  These accidents often occur on the interstate corridors and state highways that run through Northeastern Pennsylvania, including I-81, I-80, I-380, I-84, I-180, SR 61, the Casey Highway, the I-80 Corridor and the Northeast Extension of the Pennsylvania Turnpike.  Some of the representative municipalities in Northeastern Pennsylvania where these accidents occur include Scranton, Wilkes-Barre, Honesdale, Hazleton, Moosic, Dunmore, Old Forge, Williamsport, Tunkhannock, Towanda, Stroudsburg, Bethleham, Berwick, Bloomsburg, Pottsville, Kingston, Milford, Mansfield and Wellsboro.   We at DLP represent serious and catastrophically injured victims of truck accidents,  tractor trailer accidents, bus accidents, motorcycle accidents, automobile accidents and SUV accidents to get them the money and justice they deserve to compensate them for their injuries and damages.    If you are involved in an accident anywhere in Northeastern Pennsylvania, call an attorney at DLP as soon as possible after the accident for a free, no-obligation consultation.

DLP is your NEPA Truck Accident Law Firm.   DLP is your Scranton Truck Accident Law Firm.  A DLP Attorney could be your NEPA Truck Accident Lawyer.  A DLP Attorney could be your Scranton Truck Accident Lawyer. DLP is your NEPA Bus Accident Law Firm.  DLP is your Scranton Bus Accident Law Firm.  A DLP Attorney could be your NEPA Bus Accident Lawyer.  A DLP Attorney could be your Scranton Bus Accident Lawyer.  A DLP Attorney could be your NEPA Motorcycle Accident Lawyer.  A DLP Attorney could be your Scranton Motorcycle Accident Lawyer. DLP is your NEPA Auto Accident Law Firm.  DLP is your Scranton Auto Accident Law Firm.  A DLP Attorney could be your NEPA Auto Accident Lawyer.  A DLP Attorney could be your Scranton Auto Accident Lawyer.

About the Author

John Finnerty

E-mail: John Finnerty
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John has been representing clients in Northeastern Pennsylvania as an attorney with Dougherty, Leventhal & Price since 1996. Attorney Finnerty represents both Plaintiffs and Defendants in all types of civil litigation matters, including personal injury, workers\' compensation, auto accidents, products liability, commercial disputes, and slip and fall claims.

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