Jefferson, GA asked in Personal Injury for Georgia

Q: Can a Medicare Part C plan in Georgia subrogate against the not-at-fault party for a settlement paid out ?

Not at fault MVA. Not-at-fault driver had all medical expenses paid by their Medicare Part C (medicare advantage) plan. At fault driver's insurance carrier settled claim and paid settlement to not-at-fault driver. Can the Medicare Part C plan subrogate to get medical expenses paid out to not-at-fault insured ?

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1 Lawyer Answer
Kimberly Grant
Kimberly Grant
  • Atlanta, GA
  • Licensed in Georgia

A: Yes. Medicare Advantage plans stand in the same shoes as Medicare plans and are entitled to be reimbursed out of the proceeds of the settlement. Usually, the plan will reduce the amount claimed by a percentage of the attorney fees and a percentage of the case expenses.

Tim Akpinar agrees with this answer

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