Legal Question in Personal Injury in California
after settlement my medical bills came in and they were higher because the hospital found out insurance was paying for it so i got less then what hospital was originally asking for.
1 Answer from Attorneys
As long as the hospital did not make a final agreement to take the original amount, they can make a new demand. If they agreed to the amount and then changed their mind because they found out about the insurance, the end result is not so clear. You could argue that they knew they should have asked about insurance so they had no new evidence not previously available to them and can not demand new terms [at any time did they ask about insurance coverage, they usually do]. Also, you could point out that their charging more to patients who have insurance coverage is unfair. If you deliberately withheld information about coverage from them, they probably could make a new demand. Your attorney was at fault if he/she did not find out if your insurance would pay the bills without seeking reimbursement; your attorney should make up at least some significant part of the difference if they made that type of error.