Legal Question in Credit and Debt Law in Florida
Law regarding prompt billing.
My daughter was in an auto accident in 2001. The other party was at fault and their insurance paid all medical bills. Four years after the accident I received a bill from the anesthesiologists. I called them and they admitted they had bookkeeping problems. I told them
they could have been easily paid if they had sent a bill, but the case was closed after two years and that I should not have to be the one to pay for their mistake. They turned the bill over to a collection agency. What are my options? Should I go to small claims court? The amount is $389.00.
2 Answers from Attorneys
Re: Law regarding prompt billing.
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Unfortunately, you are responsible to pay the bill if they rendered the services to your daughter. You should try to negotiate a settlement of the amount due to their delay in billing. Alternatively, you can take your chances in small claims court but you may get hurt with a judgment for the full amount and court costs.
Scott R. Jay, Esq.
Re: Law regarding prompt billing.
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Florida is a no-fault state and under that law, all charges related to an automobile accident must be submitted to the insurer within 35-days of treatment or the charge is not payable by the insurer or the insured. There are exceptions to this general rule. I would inquire if they ever submitted it to your auto insurer, as they are responsible for the first $10k of medical bills. If they could have, but chose not to, I would take the position that the charge is not payable at all by anyone at this point. Please contact a qualified personal injury protection (PIP) attorney, such as myself, to determine your rights given specific facts.
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