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Hospital trying to collect after 61/2 years

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swrdmbo

Member
What is the name of your state (only U.S. law)? MD

I was involved in a car accident in Maryland on 1-695 on our way to the airport on April 7,2002. We live in Ohio. We were rear ended and I was transported to the nearby hospital by ambulance. Geico was in charge of paying all the bills and for REIMBURSING medicare for bills they paid on my behalf that were related to the crash.

I was assured by the GEICO agent that this was done. I submitted all our medical bills to her and we closed the case.

Now...6 1/2 years later I get a bill from the hospital for $235.00. I called them to tell them I thought the statute for collecting specified 6 years was the limit and I did not feel I should be held responsible. They told me that Medicare took back the payment in October of 2007 because they said they had not been reimbursed by GEICO.

I do not know if I could even find the file now since it has been so long.

I am now getting nasty letters from a collection agency saying I must pay the bill to avoid legal action. Am I really responsible for this bill?? Shouldn't there be some TIME LIMIT on these things??

Does the fact that Medicare rescinded the payment in Oct 2007 change the SOL??

Please advise me as to what I can do to avoid paying this. Thank-you for your time.
 


TigerD

Senior Member
Yup there is a statute of limitations. You live in Ohio.

Ohio statute of limitation is 15 years.

DC
 

swrdmbo

Member
Thank-you for your speedy reply.

Since the accident occurred in Maryland, caused by a Maryland resident(the at fault party)

and the treatment was at a Maryland hospital, doesn't that make it subject to the statute of

limitations of Maryland??

The reason I ask is that when we were trying to settle with the insurance company I was told we had to go by Maryland's law in respect to settling within 3 years from the date of the accident, even though we lived in Ohio, since the accident took place in Maryland..

Thanks for any light you can shed on this.
 

TigerD

Senior Member
Everything that I can find regarding the SOL for Ohio is 4 yrs, am I looking in the wrong places??
Yes you are.
Since the accident occurred in Maryland, caused by a Maryland resident(the at fault party)
and the treatment was at a Maryland hospital, doesn't that make it subject to the statute of
limitations of Maryland??
Nope. You live in Ohio.

The reason I ask is that when we were trying to settle with the insurance company I was told we had to go by Maryland's law in respect to settling within 3 years from the date of the accident, even though we lived in Ohio, since the accident took place in Maryland..
Apples and oranges. The debt sol is based on where you live. Liability for the accident would be based on the location of the accident.

DC
 

ecmst12

Senior Member
Simple solution - Send the bill to Geico. There was clearly a mixup somewhere, it should not be a problem for them to make payment.
 

swrdmbo

Member
Thanks to everyone for your replies. I think the Geico suggestion is the one I will try.

So...just to make sure I understand this....since I live in Ohio the SOL is 15 years...so it goes by what state you live in when you incur the debt?

Does that mean anyone we get a default judgment for in Ohio is subject to that no matter where they move??

Thanks for all your time to everyone that posted.
 

ecmst12

Senior Member
Your question makes no sense.

Debt SOL is based on where the debtor lives. The reason is because if that person is sued, they will be sued where they live. If the place they live in when the suit is filed is a different state from where the debt was incurred, the judge will decide which SOL will apply or if the SOL stopped running when the debtor moved out of the original state. Once a judgement is awarded, the debt SOL no longer matters. Then, the JUDGEMENT SOL is what matters and that also varies by state. If the debtor moves states again, the judgement must be domesticated in the new state in order to be enforceable.
 

swrdmbo

Member
You must be very smart. Even though my question made no sense to you , you answered it anyway.

Thanks for the information
 

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