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Medical Bills: subrogation statute of limitation

 
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Jenell
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PostPosted: Thu Jun 26, 2008 7:09 pm   Post subject: Medical Bills: subrogation statute of limitation  

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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tcope
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PostPosted: Fri Jun 27, 2008 2:24 pm   Post subject:   

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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Lori
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PostPosted: Sat Jun 28, 2008 12:05 am   Post subject:   

T-I'm wonder if the health carrier is subrogating them?

OP, What EXACTLY does the letter say?

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edmund Kriesler
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PostPosted: Sat Jun 28, 2008 5:44 am   Post subject:   

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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Lori
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PostPosted: Sat Jun 28, 2008 10:55 am   Post subject:   

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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Rupert W Bradson
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PostPosted: Mon Jun 30, 2008 7:03 am   Post subject:   

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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Lori
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PostPosted: Mon Jun 30, 2008 10:24 am   Post subject:   

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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