Frequently Asked Questions

Medicare paid my medical bills. Do I have to reimburse them out of my personal injury settlement?

Yes, you do. This is the worst one. Medicare is a nightmare. First, lawyers are required to notify Medicare of your settlement. Lawyers are required, upon penalty, to account for Medicare in the personal injury settlement. There are two components here. The first is the amount Medicare paid in the past; and the second is the amounts Medicare will continue to pay for you in the future.

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Medicaid paid my medical bills. Do I have to pay them back out of my personal injury settlement?

Yes, but there are ways around it. By statute, the lawyer is required to notify Medicaid of any personal injury settlement where Medicaid paid part of the relevant medical bills. So Medicaid will want to be paid back, and they are statutorily entitled to be paid back 100%. However, there are a few ways around this.

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Do I have to pay back the hospitals and doctors out of my personal injury settlement?

The answer is maybe. In the scenario where you have health insurance, the hospital or doctor enters into an agreement with that health insurance company that they will accept as full payment only a percentage of the bill.

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What is the “Medical Payments” coverage on my auto policy?

Some people buy coverage (typically $5,000) for Medical Payments. If you are involved in an accident, and you have this coverage (check the Declarations Page or ask your agent), then you are entitled to that Medical Payments coverage regardless of who was at fault for the accident. You will just have to submit the appropriate medical bills and they will be reimbursed.

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Is my personal injury settlement taxable?

No, generally not. Conceptually, you suffered a loss when you got hurt, and any compensation for personal injury only gets you back to the place where you started, so it is not considered income.

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If my health insurance paid for my medical bills in my accident, and then I get a personal injury settlement, do I have to pay back my health insurance?

The answer is maybe, and really depends on what type of health insurance you have. How is that for a non-answer? :) Well, let’s dig into the details..

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What is Underinsured Motorist Coverage?

Underinsured Motorist Coverage, or “UIM,” covers the scenario where a negligent driver has hit you with their car, and they have a little insurance, but the insurance they have is not enough to cover your injuries.

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What is Uninsured Motorist Coverage?

Uninsured motorist coverage covers two scenarios:

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What is My Personal Injury Case Worth?

10 Factors Used to Determine the Worth of Your Case

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