Legal Question in Insurance Law in New York

When no fault money runs out/Health insurance question

I was in an auto accident (not my fault)and the no fault money ran out 8 months ago. I am on my second surgery since my accident and the neurosurgion and hosiptal bill alone is over $160,000.00. Since the doctor was out of my health insurance network $120.000 will probably be denied. Who is liable to pay these bills? I fear a medical lien and I will end up with nothing for 2 years of constant pain. Is it possible to force an insurance company to pay?


Asked on 2/01/07, 8:23 pm

2 Answers from Attorneys
Scott Levinson Korybski & Levinson

Re: When no fault money runs out/Health insurance question

It is unlikely that you can force your insurance company to pay for something that they are not contractually obligated to pay for. If you have a lawsuit pending these "out of pocket" expenses or liens should be part of the damages you are seeking, in addition to your pain and suffering. Should you wish to discuss this further, please feel free to contact me.

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Answered on 2/02/07, 9:19 am
David Simon Hogan & Rossi

Re: When no fault money runs out/Health insurance question

Do you have a pending lawsuit against the person who hit you? If so, these amounts should be tacked on as damages in addition to present and future pain and suffering. Your health care providers may be satisfied to have a medical lien against any recovery you get. Consult with a lawyer, however, and bring all your insurance policies to get complete advice.

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Answered on 2/02/07, 2:05 am


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