• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Liability in use of medical insurance

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jbeisch

Junior Member
What is the name of your state (only U.S. law)? Nebraska
My ex-husband had to be covered under my health insurance for 6 months after the divorce decree was signed and final. Seven days prior to that 6 months ending, he had some medical treatment done and filed a claim under my medical insurance. I was unaware of this claim and never received any services of my own from the claim.

I received a summons from the court because a collection agency is suing "us" because the medical bills that weren't paid by the insurance company have not been paid. I never received and bills and can only assume he did and never paid them.

Can I really be sued for this and held liable? If not how can I get my name off the lawsuit?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


mistoffolees

Senior Member
As I understand it, the medical expense was incurred almost 6 months after your divorce was finalized. If that's correct, the medical provider can not come after you directly.

The liability you have is to ensure that you followed the divorce decree exactly. For example, if it says that you were to maintain policy xxx and you dropped that policy and got policy yyy, you might be liable for the difference between what the two policies would pay. Similarly, if you dropped the policy before the 6 months was up, you might be liable for the amount that the insurance would have covered.

In addition, if the decree said anything about out of pocket expenses, you have to follow the decree.

In either event, the medical provider can not sue you on that basis. Rather, they would have to go after your ex and HE could sue you for violation of the decree.

For now, send the collection agency a copy of your divorce decree and tell them you were divorced at the time of the procedure and you are therefore not liable. That may be all it takes to get them off your back. If that doesn't work, you may be looking at multiple phone calls and/or letters from your attorney.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Nebraska
My ex-husband had to be covered under my health insurance for 6 months after the divorce decree was signed and final. Seven days prior to that 6 months ending, he had some medical treatment done and filed a claim under my medical insurance. I was unaware of this claim and never received any services of my own from the claim.

I received a summons from the court because a collection agency is suing "us" because the medical bills that weren't paid by the insurance company have not been paid. I never received and bills and can only assume he did and never paid them.

Can I really be sued for this and held liable? If not how can I get my name off the lawsuit?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
You were divorced when the medical procedure took place. If its a small claims case go to court with your divorce paperwork, show that your divorce was final six months before the medical bills were incurred, and ask that the case against you be dismissed.

If its not a small claims case, then respond to the petition stating that you were divorced six months prior to the medical bills being incurred, and ask that the case against you be dismissed. You may still have to show for court.

You can do what misto said and contact the bill collectors, but that may not get you anywhere. Its far safer to show for court and have the judge dismiss you from the case. Collection agencies/attornies cannot always be trusted to follow through, and if they don't, you could end up with a default ruling against you.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top