Legal Question in Credit and Debt Law in New Jersey

collections/suit

My son was in a hospital 3 times ,5 years ago. My insurance company doe not dispute that coverage for his care was 100% . insurance info was given to the hospital prior to his admission for care. Now, several years later, lawyers representing the hospital are trying to sue me for non payment for these services. I contacted a collection agency that was involved and they reported back to me that there was no payment made for services rendered, because... the hospital never billed the insurance company!! Now, years later, the insurance company wont pay because to much time has elapsed. My question is , since i had coverage, and the hospital never got paid due to lack of due dilagence, (never billing for the services) , isnt this something for which i'm no longer responsable?? Please advise. Thank you.


Asked on 7/05/07, 2:37 pm

3 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: collections/suit

I have fought this fight before. You should fight them, and you may win.

I do this kind of work. If you would like me to assist, please call my office. I am in Hackensack. You can then decide how you would like to proceed.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 7/05/07, 2:58 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: collections/suit

I agree with Mr. Davies, you should fight them. However, you may be in a bind here. Fighting them by yourself may be tough but it may not make sense to get an attorney if the bill is really small.

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Answered on 7/05/07, 3:53 pm
John Corbett Corbett Law Firm LLC

Re: collections/suit

This happens frequently. If there is a large sum involved, you will be better off consulting with a lawyer from the beginning. Here are some things that may help you in the interim.

1. Do not pay any part of what the hospital claims is due or promise to pay out of your own pocket.

2. If the hospital sues, you crossclaim against the insurance company and let them duke it out.

3. Never stray from the position that the hospital brought the problem on itself by not billing the insurer directly as they said they were going to do.

Remember that the hospital, the collection firm, and the insurer are all working on familiar ground for them. You are not. If you find that you are not certain what to do, call Mr. Davies or another lawyer near you who can help.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 7/05/07, 4:54 pm


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