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| *Ostroff, Fair and Company>>>Insurance |
I received a check for 12,000.00 from my insurance from surgery.? |
I cashed the check and spent it. 2 weeks later,I was told that the money wass to pay mt doctor bill. I plan to pay it back but I dont have a job now. What can I do???? You must have an personal insurance company and not a group health because group will only pay providers (doctors, hospital, etc) and personal can pay directly to you. If this wasn't health insurance then nothing they can really do except what they person before me has said, but then it comes down to it being issued to you and not them! They should have filed a lien. Hope this helps Get out there and get a job, and realize next time that this was not free money for you to spend. The whole reason you have insurance was to cover something like your doctor's bills. Call the doctor and ask if you can work out a payment plan. Get on paying it back, or it will hurt your credit. A Lawsuit can be instituted against you (and your spouse if married). In these suits you would have no defense as the medical services were rendered and you kept funds you were not entitled to. In most cases answers are not filed (by the defendent YOU)and default judgement is obtained (FOR the doctor). Ther doctors attorney then files a motion for summary judgement. Needless to say judgement is most often entered for the Doctor and the Judge had no sympathy for the patient. Once judgement is obtained, the endorsement on the back of the subpoenaed check serves another purpose- it tells the attorney where the patient banks and they can then levy and execute on that bank account. Also most patients job information is obtained by the Doctor when the insurance information is taken and salaries can be garnished. If a patient filed Chapter 7- Bankruptcy which is the format to discharge all debts, a formal complaint may be filed in the Bankruptcy Court objecting to discharge of the debt to the amount of the insurance check. So If a Doctor's bill is $10,000.00 and the insurance check is $6,000.00, a formal complaint will object to discharging the $6,000.00 kept by the patient. In Chapter 13- Bankruptcy which involves not discharge but a re-payment plan, there is no right to oppose bankruptcy. Some of these Bankruptcy laws have been changed, so it may be even harder on you. So...You need to get a job ASAP, or try to borrow the money from a family member or a second mortgage or something. Did you REALLY think that check was for YOU??? Do you think that insurance companies would actually pay you to have surgery??? at the time u did not have any coverage from the last place of employment and how did u cash a check that should of been made out to you and the hospital? First the Ins Co. Has fulfilled their obligation to you ,providing that they paid you the correct amount. Second, your hospital and doctor should have required an assignment of the benefits to be paid to them. I am surprised that they did not do so.If the check was made only to you as payee and you did not make an assignment , there is little that they can do.However, this does not relieve your responsibality of your indebtness to them. They can Seek judge ,laws are different in different states you may consider a consultation with a legal advisor. Try Legal Aid their service is free for hardship cases. Good luck from a retired Ins consultant. This happened to me. It was only for 912.00 but I never heard anything about it. I would suggest you send $5.00 a month. As long as you are paying SOMETHING, I do not believe they can do anything. It would have been more interesting if you had told us HOW you spent the money. It "technically" wasn't YOUR fault. Try not to worry, what done is done. Bummer. You owe the hospital. You will have to call the hospital, and make out a payment schedule for the charges, and get a job, even if it's flipping burgers or delivering pizzas on weekends. How did you spend $12,000? That's an AWFUL lot of money! Didn't you think, "Oh, I wonder why the insurance company sent me this money?" |
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