Does Medicare Have to be Paid Back Out of a Personal Injury Case? A Virginia Beach Car Accident Lawyer’s Advice

By John Cooper, Virginia Beach Personal Injury Lawyer

Medicare does have to be paid back if you use the bills it paid to make a personal injury claim in a situation such as a car accident injury case. 

 A client review of John Cooper

The federal law requires that Medicare be paid back for the bills it paid.  So when you are a person who is eligible for Medicare because of your age or because of a disability, you should still use your Medicare to pay the medical bills incurred as a result of a motor vehicle collision.

However, you need to realize that the insurance company will require that Medicare be paid back at the end of the case.

As a Virginia Beach personal injury attorney with over 20 years’ experience I am very familiar with the rules and procedures for dealing with Medicare paybacks. 

Unfortunately the system has become very slow in recent years.  It can take a considerable amount of time to find out from the Medicare people how much they expect to be paid back out of the case.  Normally I know pretty close to what it is that has to be given back to the government at the end of a case but it can take months for them to confirm it in writing. 

This is a big issue in Virginia personal injury attorney circles and affects lawyers and personal injury claims nationwide.  When you first come to me for a car accident case with injuries I am going to try to find out what kind of health insurance you have and let you know whether I think they are going to have to be paid back at the end of the case.  That way you have a better idea what to expect and are not surprised when I indicate to you that there will be a deduction from your settlement proceeds to pay back the government and Medicare. 

The Virginia Beach and Norfolk, VA personal injury law firm, Cooper Hurley, handles car, truck, and motorcycle injuries as well as brain injury, wrongful death, railroad workers’ injuries (FELA) mesothelioma and medical malpractice cases.
John Cooper grew up and was educated in Virginia Beach and handles many cases from the city. John Cooper and his partner Jim Hurley have more than 40 years of combined experience in handling personal injury claims.
John Cooper has been named to Virginia “Super Lawyers” since 2010 and has been a member since 2011 of the Multimillion dollar Advocates Roundtable. Cooper Hurley represents people hurt in accidents in Virginia Beach, Norfolk, Portsmouth, Suffolk, Chesapeake, Hampton, Newport News and throughout Virginia as well as in north eastern North Carolina. We always put the best interests of our clients first. The firm is recognized by other lawyers as “AV” by Martindale-Hubbell, a national attorney rating service, for our top level of legal skill and highest ethical standards. If you need help or advice about a serious injury, please call us at (757) 309-4711 or make an appointment to visit our Virginia Beach office at 4445 Corporation Lane, Suite #187, Virginia Beach, VA, 23462. For a free consultation with a specialized Norfolk or Virginia Beach, VA personal injury lawyer contact us through this website.


About Cooper Hurley Law

Experienced personal injury attorneys John Cooper and Jim Hurley are the partners of the Cooper Hurley Injury Lawyers. They are joined by attorneys Griff O'Hanlon and Bill O'Mara. The firm has a main office in Norfolk and client meeting locations in Virginia Beach, Chesapeake, Hampton, Newport News, Suffolk, Hampton, Portsmouth and the Eastern Shore of Virginia. Cooper Hurley works with clients who have been injured in car, truck and motorcycle accidents, those who have lost a loved one in a wrongful death, and people hurt at businesses and by dangerous products.
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