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Huge medical bill - anything I can do??

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wsmith444

Junior Member
What is the name of your state? DE

Ok here is the situation - about 3 1/2 years ago my partner was in a car accident, he was the passenger and the driver was intoxicated. He was taken to the hospital by helicopter and was there for at least 2 days. I'm not sure the extent of what was done while was there other than x-rays, but he did sustain a broken collar bone. While he was in the hospital, a friend of his was told to bring his health insurance information to the hospital and submit to them, which was done. The hospital subsequently told him the claim needs to be submitted to the car insurance of the person who was driving, which was impossible to do as the driver and vehicle were uninsured. I was used to be an insurance adjuster and know that, in this type of situation, the health insurance would be secondary only if there was no vehicle insurance present. He explained this to the hospital but can't remember what was said. At any rate, the bill was NEVER submitted to his health insurance. Three years later, he pulls his credit report to find that the bill has been submitted to a collection agency. He tried filing for the Hilburton Act through the hospital and was denied because he makes too much money (a whopping $30k a year). He then had the hospital FINALLY submit the claim to his health insurance and the health insurance denied it, saying the hospital failed to do it within the time specified in their contract. Now here is the kicker... the health insurance company states that the hospital cannot hold him responsible for this money ($6700) because it was their responsibility to submit the claim to them a long time ago. He told the collection agency this and the collection agency called the hospital. The hospital is now saying that he JUST provided his health insurance information to them a couple weeks ago, not when the accident happened 3 years ago!!! This is completely untrue because when he originally contacted the hopsital recently, they already had his health insurance information on file. The collection agency says they are calling the hospital back and speaking to a manager. If they come back and say that the hospital is still denying they had his health insurance information at the time of the accident, is there anything he/we can do to avoid paying for this? It was way beyond what we can afford and don't feel that it is owed to begin with, as he was covered by his health insurance at the time of the accident. Sorry this is so long, and any help would be greatly appreciated.
 


teflon_jones

Senior Member
At this point I'd wait to see what the collection agency comes back with. This item on your credit report won't necessarily really lower your credit score so I wouldn't worry about it too much.
 

wsmith444

Junior Member
Well we are trying to get a mortgage together and they are not allowing him to be on it because of it. Also, now that this has gone to a collection agency, what can they do to recover the money if the hospital refuses to cooperate? Can they take him to court? Can he take the hospital to court? I'm really lost here... :(
 

teflon_jones

Senior Member
Sorry, but collections aren't my specialty so I don't want to give you an eroneous answer. I'd post that specific question in the Debts/Collections forum.

Was your partner aware that the driver was intoxicated when he got in the car with him? Would he consider filing suit against the driver?
 

wsmith444

Junior Member
I really appreciate your help regardless of your specialty. It means a lot.

He was aware she was drunk...what a stupid thing to do. But it was a mistake... and that's only the beginning of the mess she got him into. After the accident (since her car was totalled) she asked him to buy a car in his name and told him that she would make the payments. Well she made the payments for about two months and now (also 3 years later) the car has been repossessed and they're after him for that money as well (over $12k). Anything he can do there? I mean, he was the primary signer for the vehicle so naturally they're going after him for the money. He has no proof of their verbal agreement so he probably wouldn't be able to get anywhere with that.
 

teflon_jones

Senior Member
Sorry, can't help out much with the car problem either. What I can tell you is that the verbal agreement isn't worth anything. What is the $12K they're after? They can only try to reclaim the payments that weren't made plus interest. 12K sounds like a lot unless it was an expensive car.

Your partner can sue the driver in court for the medical bills. At best, he may be able to get 50% of it back since he wasn't the driver, but did know the driver was intoxicated. This places some liability on him even though he was a passenger. But if this friend doesn't have money to make car payments, trying to collect on a judgement may be like getting blood from a turnip.
 

wsmith444

Junior Member
Well then we will have to look into sueing her. I really feel like that girl needs to pay in some way for the things she did. I mean yeah my partner made mistakes, but I really feel as though he was taken advantage of and shouldn't be the one stuck with all these bills. I really appreciate your advice.
 

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