Legal Question in Consumer Law in California

HI. I'm a student in Northern California, and I have a question regarding the refund issue.

I went to a dentist that is (I was told that it is)covered by my school insurance and they charged me nothing for the first time. They also asked me if I wanted to pay in advance for filling that they would do next time, so I payed them about 100 dollars the same day. A month later I went to oral surgery office to get my wisdom tooth pulled out, and that resulted in maxing out my insurance. The first dental office called me and said my next visit that I'm supposed to get my teeth filling can no longer be covered by my insurance, so I cancelled it.

Later I found out that they never refunded me the amount that I payed in advance, so I requested refund. They never called back or refunded.

When I called them again they told me the insurance never covered them and I will not get my refund, furthermore I needed to pay them 80 dollars more because the insurance could not cover them.

They told me the reason this happened was because the school insurance switched and they were not under school insurance at the time I came in, and if I did not go to the oral surgery office and max out my insurance they would have gotten the payment from insurance.

Do I still have the right to ask for refund, because what I have been charged on my credit card was the service that I never got, and they were charging me for something that I did not have to pay if they were under the insurance at that time??

They did say that my school insurance covers them when I first went in.

Thanks.


Asked on 12/16/10, 7:48 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

You are correct in your conclusions. Had they told you you were not covered you would not have gone there; that was their fault. The $100 you gave them was for somethilng entirely different and they can not take from one account to pay another account. That is like the bank withdrawing money from your savings account to pay a check overdraft when the a counts ar not linked. Also, it you were not covered by insurance how does going to the oral surgeon effect them since they say there is not coverage? You have the legal right to demand a refund. Check wilth your credit card company if it is too late to dispute the charge [probably is].

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Answered on 12/21/10, 11:05 pm


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