Legal Question in Appeals and Writs in California

third party accident refund

i was a pedestrian in an accident of which medicare paid for my overnight hospital stay..and its a yr later i still waiting on a part of the 15,000 liability the other party had, medicare took most of it or over half..is there an attorney so ic an appeal their decision to my request for a waiver of the funds..


Asked on 11/16/08, 10:18 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: third party accident refund

You were a pedestrian struck by an auto, did you retain a lawyer? If not, you might have to wait forever. The legal time limit is two years, the time to get a lawyer is immediately after there is an accident.

Or maybe I am not understanding your question.

How did you determine that the driver only had $15,000 worth of coverage? Did your lawyer investigate whether the person might have more money or insurance? Was this $15,000 already paid to someone? Who has the money? Who paid Medicare? How did you manage to run up a $7500 hospital bill in one day? Did your lawyer contest the amount of the hospital bill or the amount of the Medicare lien?

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Answered on 11/17/08, 2:51 am


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