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 Posted: Thu Jun 26, 2008 7:09 pm Post subject: Medical Bills: subrogation statute of limitation |
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My son was in a car accident in 2004. We had thought that we had paid all of his medical bills out of his settlement money, regarding the accident. We got a bill about a month ago (2008). The health insurance company is claiming that he owes money that wasn't paid by the car insurance. Don't they have a statute of limitation on when they can ask for money?
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Jenell
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| Posted: Fri Jun 27, 2008 2:24 pm Post subject: |
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Short answer is yes.
I'm not understanding who paid what and why. Who paid the medical bills in the first place? Where the bills in question never paid by anyone? When you paid the medical bills out of the settlement, were you paying back the health provider?
The statue of limitations is probably as a result of a contract but I'm not clear on the situation as mentioned above. It's not unusual for the statute to be 6 years for a contract. |
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tcope
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| Posted: Sat Jun 28, 2008 12:05 am Post subject: |
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T-I'm wonder if the health carrier is subrogating them?
OP, What EXACTLY does the letter say?
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Lori
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| Posted: Sat Jun 28, 2008 5:44 am Post subject: |
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| Quote: | | Don't they have a statute of limitation on when they can ask for money? |
Yeah, they do but to check out the statute of limitation you're required to let us know in which state you reside. We can then check the laws out. But, generally the SoL on medical bills may run for 4 to 6 years. So, it may happen that the lender is charging you by staying well within the sol.
however, please clarify exactly who's claiming what? To me its sounding like a case of subrogation. Am I right??
~edmund
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edmund Kriesler
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| Posted: Sat Jun 28, 2008 10:55 am Post subject: |
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My thought exactly Edward...and don't think I've ever heard of a health carry policys subrogation clause having a statute of limitations
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Lori
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| Posted: Mon Jun 30, 2008 7:03 am Post subject: |
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Hi Lori,
| Quote: | | My thought exactly Edward...and don't think I've ever heard of a health carry policys subrogation clause having a statute of limitations |
Though I'm not 100% certain but there is a limitation of time within which the subrogor has to file a suit against the subrogee. And it applies equally to both the parties. If the subrogor fails to communicate the claim within this time frame, the defendant then may stand a chance to get the verdict in his favor. But this issue definitely demands expert's comments. |
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RupertWBradson
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| Posted: Mon Jun 30, 2008 10:24 am Post subject: |
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Well Rupert it all depends on the health carriers policy language and the state, I've seen it (health subro) in my state come back a good ten years...now, that being said I don't honestly know if there is a statute regarding this at all (health carrier's subrogation rights).
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Lori
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| Posted: Wed Apr 29, 2009 3:28 pm Post subject: statute of limitations |
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we were paid a settlement for an accident in 2007. Does the medical insurance company have limited amount of time to claim reimbursement for medical bills paid on my behalf
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sue78132000@yahoo.com
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| Posted: Wed Apr 29, 2009 10:49 pm Post subject: |
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sue i think you're in the clear, but you would have to check your health carriers policy language to be sure...personally i'd not worry about it at all..
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Lori
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| Posted: Mon Jan 04, 2010 5:54 pm Post subject: SoL on medical bills in the state of Georgia |
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Does anyone know the SoL on medical bills in the state of Georiga? Thanks for your response.
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Silverfox55
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| Posted: Mon Jan 04, 2010 6:57 pm Post subject: statue of limitations |
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I have just rec. a claim for the doctor bill portion of a medical claim dating back to 6/2007. I was never given this bill before this time and all the other bills for emergency room have been paid. I live in the state of Illinois. I also called the insurance carrier I used at that time and they had never rec. a claim either. She also informed me that after 15 months any bill sent after that will be denied and that a 15 month period is plenty of time to bill an insurance company. Do I have a leg to stand on for this $741.00 that now my insurance company that I no longer use won't even look at or pay?
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Chris 456
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| Posted: Wed Apr 14, 2010 6:11 pm Post subject: Subrogating: 3 health insurance plans later |
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On 1/28/05 my daughter had an accident, losing her leg. She had an independent CIGNA health plan. After over a year of battling, CIGNA paid & finally signed of on the bills as contracted. Then we switched to another insurance plan through my work for 2 years, having my daughter as a dependent. On 10/1/08 United Health Plan became my insurance company from work, my daughter being a dependent. She's gotten a new foot and a same day easy surgery. Ingenix wants to subrogate for United and wants our and the other party's insurance company info. with a claim on any settlement. Can United, 2 health plans removed from the accident, have a claim here? Wouldn't her condition be a pre-existing condition, as far as United is concerned.
Lei
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Lei
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| Posted: Wed Apr 21, 2010 1:16 pm Post subject: Statue of Limitation |
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I was in a car accident summer 1995, totaling my van, which was only a month old. A rental company did a poor job installing the hitch, which caused my van to flip over. In the end, the only money I collected was $15,000 for a $28,000 van, and was told that the insurance company was only responsible for the shell of the van, as if you can buy one without seats, etc.
I got treatment from a chiropractor doctor for pains, totaling over $400 and advised them the I lost so much, having the pay off the $10,000 plus difference for the van, and get another car. I though I had resolved this with the doctor but on a very few occasions I received a bill, which I thought was a routine error. Then, about 13 plus years later, a few weeks ago (2010), I received a letter from a collection attorney and a threat of a judgment against me. I called the attorney and we verbally agreed to my paying $75 per month to satisfy the problem and he advised me that he would get that in mail to me, which I never received. Instead the judgment was interred in the Court last Monday (April 12 or 13), 9 days ago (including weekend days) and after calling the attorney every day to deal with the matter and his not returning the calls, he finally called yesterday afternoon and rudely told me that he was not my attorney and did not owe me any advise.
My question: Is there a Statue of Limitation on such a case as mine and should I have to pay this bill and suffer the judgment on my Credit Record for some 7 years? Please advise ASAP, as I have such a short window to have this judgment set aside, with a total of twice as much with court and attorney fees, interest, etc. I this fair and can I get this resolved without all this, which they want immediately if I hope to have the judgment set aside. I do not have the money.
Thanks,
Kley
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kleychw
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| Posted: Thu Apr 22, 2010 10:26 am Post subject: |
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I doubt a judge would enter a judgement if the statute had ran. However, that being said, if you have a copy of the judgement..look at the dates of service and verify they are correct.
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Lori
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| Posted: Fri Apr 23, 2010 4:12 am Post subject: Subrogation s.o.l. |
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I was in a auto wreck last year and spent some time in the hospital and some other treatment. My health insurance paid most everything upfront. I did get a settlement from the auto insurance. So far my health insurance co has not subrogated and it's been over a year.
How long do they have to come after the settlement if they so choose to do? Would they take a lesser amount as my settlement amount was a little less than the total of all the bills?
Thanks!!
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N Port
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