Legal Question in Insurance Law in Texas
Insurance Adjuster refuses to pay medical bills...
A couple of years ago, I was in a car wreck, not my fault. After two MRI's and a ton of physical therapy, I learned that the accident caused me to have a herniated disc in my neck. I finally settled with Geico (the other guy's insurance) for $17,000.
Today I got two letters from a debt collector saying that we owe $5,000+ from the MRI's. Geico says it should have come from the $17,000, but when I settled with them, the adjuster led me to believe that I only needed to pay the physical therapy bill. Now she says unless I have it in writing, or there's a lien in my file from the MRI place, they can't do anything about it.
I called the billing company for the MRI place and they told me that they had tried to contact Geico, and were told that I was responsible for the bills. I never received any bills from the MRI place. The first I heard about it was the two letters in the mail today. What can I do???
3 Answers from Attorneys
Re: Insurance Adjuster refuses to pay medical bills...
i am afraid that there is not much you can do. in the majority of cases, third party liability insurance carriers like geico will not pay medical bills in addition to the settlement amount. the payment of medical bills remain your the legal responsibility. even if you could prove that the adjuster misled you (this would be very hard to do now)it is my judgment that you would have no cause of action against geico for the following reasons: 1. you have already executed a release that releases the person who caused the accident and geico from any and all further responsibility and 2. our courts and the people we elect to go to austin have ruled and legislated away any responsibility of good faith and fair dealing on the part of third party carriers like geico in this case. it sounds like you were not represented by counsel in this matter; one of the services a good attorny should perform for the client is to make sure that the bills are taken care of and/or the client understands the responsibility for unpaid medical expenses.
there is one thing you could try to do to get these bills paid. it may (i emphasize may) be possible to submit these bills to your auto insurance company if you have personal injury protection (PIP) as as part of your coverage. under the policy the bills must be submitted within a year but it might be worth it to try. i hope this helps and i am sorry this has happened to you. bill featherston
Re: Insurance Adjuster refuses to pay medical bills...
This is one more instance of why no one should settle their own case without an attorney. I realize that no one wants to pay attorney's fees. On the other hand, an attorney working for you would probably have been able to, first, get the bill greatly reduced and, two, ensure that an oversight like this did not occur. Please carefully consider hiring a competent personal injury lawyer the next time you have an injury case. In most instances, you will come out with more money in your pocket even after paying attorney's fees than you do handling the case on your own. Under your present circumstances, I would recommmend the following: First, submit your bill to your PIP carrier. You have three years after the accident to submit it. Second, negotiate the bill. Most MRI providers under these circumstances would be HAPPY to get 50%, and maybe less. Good luck.
Re: Insurance Adjuster refuses to pay medical bills...
Did you sign a release? If so, it most likely places the responsibility for all of your medical expenses and liens on you. Third-party carriers generally do not pay medical bills directly.
You should submit the bills to your own carrier for payment under your PIP coverage, though your own carrier may not pay because you already signed a release with Geico. However, it's worth a shot.
Related Questions & Answers
-
Losing I was hit by another car, he was at fault. My car is totaled. I owe more than... Asked 12/19/04, 9:08 pm in United States Texas Insurance Law
-
Coverage Is there any law (in TX or federal) that states if you have a child living... Asked 12/08/04, 10:53 pm in United States Texas Insurance Law
-
Bodily injury Liability coverage When determing Bodily Injury Liability coverage is... Asked 11/12/04, 4:42 pm in United States Texas Insurance Law
-
Who is at fault? I was in a multi car accident and I only have libilaty ins. My... Asked 11/04/04, 10:57 pm in United States Texas Insurance Law
-
Attorney fees for trial I'm suing another driver for outstanding damages to my car... Asked 11/01/04, 11:40 am in United States Texas Insurance Law