Any legal bees out there? Insurance issue, being sued, I need help!

posted 2 years ago in Legal
Post # 2
Member
13020 posts
Honey Beekeeper
  • Wedding: June 2011

Wow, maybe the courts didn’t get their paperwork done on time and think that the suit is still on if they hadn’t heard you had called and it was being worked out.  If you can’t get a hold of the laywer, I’d show up and explain yourself as you have here… it may be worse to not show up at all.  And I’m actually pretty shocked that you could go so long using a secondary insurnace as primary and that no one ever asked for your primary info… that’s always been the first thing any office asks me.  Personally, I wouldn’t countersue either, since this is your mistake for not giving them the right information from the start also.  The secondary insurnace is just that, secondary to cover what primary may not cover, not to be used as the primary insurnace.

Post # 3
Hostess
9919 posts
Buzzing Beekeeper
  • Wedding: May 2014

MrsHalpert:  I have no idea and I’m not a lawyer.  Removing the rest of my comment at the PP says it much better than I did!

  • This reply was modified 2 years, 2 months ago by  MsGinkgo.
Post # 4
Member
894 posts
Busy bee
  • Wedding: October 2013

pinkshoes:  Ditto this.  Having switched insurance plans several times since college, I’m very surprised you could have all that done and not have the insurance bounce it back.  First of all, I don’t think you qualify to be on your parents’ plan if you have your own, but I am not 100% sure of that.  Secondly, every doctors office I’ve been to (and I”ve been to a bunch), has someone there who handles insurance pre-authorizations.  They call the insurance company and make sure that your procedure will be covered.  Regardless, if you’ve filed it through your primary, you should a) get reimbursed for what you paid out of pocket, and b) they should be paying the doctors offices who were not paid by the secondary insurance. 

Insurance, however, is not fast.  My dad had his own practice for a little while before going out of business, and one of the reasons he went out of business, (besides doing too much for free haha) was that the medical insurance companies took so long to reimburse him for services rendered that the books were always running in the red.  It would take months to get paid, which, when you are trying to stay afloat, is very challeging.  I’ve seen this in my own bills, where after one surgery, I got the notice that insurance had finished processing it 1.5 years after the fact!  That being said, you may be stuck in a paperwork circle right now until it gets sorted, but from what you said and the very little I know, I think you’ll come out okay.  I’d haunt the lawyers office until you get a chance to talk, and then definitely go to court just to be on the safe side and show that you’re trying to fix the problem and cooperate. 

What a mess!  I’m sorry you’re having to go through that.

Post # 5
Member
151 posts
Blushing bee

Yes, they can really sue for this.  From now on, get EVERYTHING IN WRITING.  Ask them to send an email or hard copy letter verifying everything they tell you over the phone.  You cannot just assume things are handled after they don’t return your calls. 

Post # 6
Member
1236 posts
Bumble bee
  • Wedding: June 2014 - San Francisco, CA

I’m not a lawyer, but I can offer this advice: don’t countersue, it’s not worth your time, and a judge is unlikely to grant you any real damages based on phone calls and stress. I would suggest talking to an actual lawyer (there are people who just handle this kind of stuff) to talk to their lawyer instead of handling it yourself. It should all go away pretty quickly if you do.

Post # 8
Hostess
9919 posts
Buzzing Beekeeper
  • Wedding: May 2014

MrsHalpert:  If they already got the money from the insurance company perhaps they failed to withdraw the suit.  Perhaps you should contact a lawyer and see if you can get advice pertaining to the case as filed in your state.  You should definitely show up to court though.  If you don’t you might automatically be found liable and lose the case.

Post # 9
Member
1266 posts
Bumble bee
  • Wedding: August 2015

Chances are the doctors are waiting until your insurance pays them to drop the suit.  When is your court date? If the date is before the get paid, just go with a print out of all the emails between you and the office and documentation of all the dates and times you called the office to work things out.  Also, try to email the lawyer explaining everything so you have a paper trail for that, too.<br />

You said you paid the other bills that were sent to collections – but have you had those doctors re-file?  You shouldn’t have had to pay any of that, so the doctors should reimburse you after they’ve refiled and gotten the money from the other insurance company.

Post # 11
Member
2250 posts
Buzzing bee
  • Wedding: September 2014

MrsHalpert:  first of all, I’m shocked that the doctor’s office would escalate the issue to the point of suing you for $900.  Most medical practices are accustomed to dealing with tons of bad debt and usually wouldn’t take it beyond putting the person in collections for such a nominal amount. I would strongly suggest that you not skip the court date. I’m not a lawyer, but from what I’ve seen, when a dependent in a small claims type case doesn’t show up, the judgement usually goes against them. That being said, since the bill is only $900 I don’t think it would be economical to hire an attorney. In this situation, I would be looking to see if the office was willing to settle with me, for less than was owed in order to just resolve the issue. If however, you can’t get anyone in the doctor’s office or the lawyer’s office to return your calls- I suggest you show up for the court date on your own. Present your side of things. Document EVERYTHING. Be able to give detail on every time you attempted to contact them and your calls were not returned. 

Ultimately, you may end up being responsible for part or all of the outstanding balance. I would just try to get it cleared up ASAP, to minimize the damage to my credit. I’m surprised nobody has mentioned this to you either, but most insurance plans have a timely filing deadline. The deadline is typically 1 year. I’d be very surprised if they were able to collect anything from your primary after all these years have passed. 

One more suggestion- though it may be a long shot. You could contact the office of the doctor or surgeon who referred you to the anesthesiologist and explain what is going on. If you have a good relationship or are a long term patient, they may be willing to call the anesthesiologist on your behalf and exert a little pressure to get them to be less aggressive in their collection attempts. 

Post # 13
Member
13020 posts
Honey Beekeeper
  • Wedding: June 2011

MrsHalpert:  Sounds like they sued before you called to have it straighted out, so they just may not have withdrawn the suit or they did, and the court systems are just as slow as medical billing systems.  It will probably take a LONG time to get it straightened out, it’s just how it works with medical billing if it’s not done right the first time.  My husband was charged for some blood work that he shouldn’t have because the office coded it wrong.  They sent in the correction with the right code (not even insurance info change) and we still haven’t gotten an updated bill yet… and he went in April. 

Leave a comment


Sent weekly. You may unsubscribe at any time.

Find Amazing Vendors