Can I Use Medicaid or Medicare for Car Accident Injuries?

Yes, you can use Medicare or Medicaid to cover medical treatment after a car accident. However, there are important rules about repayment that you need to understand, especially when a third party is responsible for your injuries.

1. Federal Law Requires Subrogation

Federal law allows Medicare and Medicaid to recover payments if another party caused your injuries. This is called subrogation. Essentially, you cannot “double dip”: if Medicare or Medicaid pays for treatment and you later receive a settlement from the at-fault driver, you must pay back the government for the medical costs they covered.

2. Consider How It Affects Your Settlement

While Medicare and Medicaid can cover treatment, using them may reduce the amount you keep from your settlement. You may end up paying back the government, which can affect your net recovery. This is especially important when negotiating with insurance companies or calculating total damages.

3. Costs May Vary With Other Providers

If you see a non-Medicare doctor, sometimes bills may be lower, and your settlement could potentially cover more of your expenses directly. Choosing where to get treated can impact:

• How much is reimbursed to the government

• How much your personal injury claim ultimately pays out

This is why strategic planning with an injury attorney is critical.

4. Why You Should Talk to a Personal Injury Attorney

An experienced attorney can help you:

• Navigate subrogation rules for Medicare or Medicaid

• Ensure you get proper treatment without compromising your settlement

• Maximize your net recovery while complying with federal law

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