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 ?
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
