Legal Question in Credit and Debt Law in Pennsylvania
I was injured at my home and because I could not leave my handicapped son alone and couldn't drive myself to the hospital, I had to call 911. My medical insurance paid for most of the 'taxi' ride but not all of it. Now I'm being hounded by collection agencies for the remainder (over $500!) Other than bleed out due to a very deep gash in my leg, I didn't have much of a choice. I feel this is contract is void because it was signed under duress.
1 Answer from Attorneys
By "taxi" I assume you mean ambulance service. And yes, you are responsible for it and no, this is not considered duress.
I understand your circumstances, but this does not rise to the level of duress. Duress is very very difficult to prove - have not seen a clear example of it and I would have to do research to see how it may have been defined by the courts. But the fact that it is so rare persuades me that it does not exist based on the facts you related. Nobody forced you to call 9-1-1. Do you have a spouse or domestic partner? Relatives? Friends? Neighbors? I am not being mean or rude or inconsiderate of your circumstances. If this went to court and you tried to bring up the defense of duress you can bet that the opposing side would be asking these and more tough questions to show that there was no duress here.
However, you may be able to settle the debt. If its under $1000, chances are that they may not sue. If you have at least 50% of the funds, try to settle for that amount. Just get any agreement that you make with a debt collector in writing before you send payment. Do not pay by personal check - send the debt collector a money order and keep a copy of that and the settlement letter forever in case the debt later resurfaces.
If you do not have the funds, either save up until you do or work out a payment plan. Again, if a plan is worked out, get the agreement in writing first before you send any payment.