If you receive Medicare benefits and are injured in an accident, federal law provides the Centers for Medicare and Medicare Services (CMS) with extensive authority to ensure that Medicare does not cover expenses for which it should not be liable. Commonly referred to in legal circles as a Medicare “super lien,” the power held by CMS is not actually a lien, but instead the right to recover any payment made for expenses that should have been the responsibility of another insurance company or liable party.

Conditional Payment

Under law, Medicare will not pay for items or services if payment “has been made or can reasonably expected to be made under a workers’ compensation plan, an automobile or liability insurance policy or plan (included a self-insured plan or under no-fault insurance.” When payment is not made by the expected primary payer, however, Medicare may provide coverage on a conditional basis, which must be reimbursed if and when the primary payer does make payment. This includes payments made directly to a medical provider, as well as payments intended for the Medicare beneficiary in the form of a settlement, judgment or other award.

After a serious car accident, life as you know it can easily be turned upside down. You may have to deal with phone calls from insurance companies. Your car may either be in the repair shop or totaled, leaving you without a means of transportation. You or someone else in your vehicle may have been injured.

In the midst of this confusion and uncertainty, the last thing that may come to mind is filing a lawsuit against the driver at fault for the collision. However, if you do not act quickly, you may find yourself unable to seek compensation for your injuries.

Connecticut Statute of Limitations for Car Collisions 

Recently, the Courant reported that the family of a Department of Transportation worker killed in a truck accident was awarded $7.29 million in damages following a trial in Hartford. The DOT employee was working on Route 8 in Waterbury when he was struck and killed by a tractor-trailer. At the time of the collision, the worker was observed wearing personal protective equipment and following OSHA safety guidelines. The driver’s truck was seen veering off of the pavement and onto the shoulder at the time the worker was hit. A jury deliberated for less than an hour before finding both the truck driver and employer negligent and thus responsible for the losses of the worker and his family.

Compensating a Family for a Deceased Love One

Many victims of truck collisions, unfortunately, suffer a similar fate. The sheer size and weight of trucks, semis, and tractor-trailers make it highly likely that any collision with another car will result in catastrophic injuries to the driver and passengers of the car. A collision with a pedestrian, motorcyclist, or bicyclist will almost certainly be fatal.

The Connecticut Department of Transportation Highway Safety Office (ConnDOT) has announced the kickoff of the state’s participation in the national “U Drive. U Text. U Pay” campaign. The 2014 National Distracted Driving Enforcement Campaign is being sponsored by the Governors Highway Safety Association (GHSA) and involves heavy media and public outreach, coupled with stringent anti-texting enforcement, to help get the word out about the dangers of driving and texting.

In Connecticut, it is against the law for a driver of any age to use a handheld mobile phone while driving. A driver can only use their phone if they have the device on speakerphone, using a Bluetooth wireless device, headset or using an installed hands-free car kit. Texting while driving is completely prohibited.

Drivers who ignore the law face a fine of $150 if it is their first offense. Drivers who are caught a second time can be fined $300, with each subsequent offense costing $500 per offense.

A recent report issued by the AAA Foundation for Traffic Safety, one out of every five fatal vehicle crashes involves a driver who is unlicensed. The report, entitled Unlicensed to Kill, was written by researchers from the Texas Transportation Institute located at Texas A&M University. The team used data from Department of Transportation's Fatality Analysis Reporting System (FARS).

According to the report, 8,400 people die every year in accidents involving a driver who does not have a valid license. The study also found that 28 percent of those unlicensed drivers had received three or more license revocations or suspensions within the three years leading up to the fatal crash.

In a statement, lead researcher Lindsay I. Griffin pointed out the serious flaw in the current system. “It's like a revolving door. These people are being suspended and suspended and suspended again, and still, they're driving.”