• 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.

Statute of Limitations passed, who pays?

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



I was contacted by a collection agency this month last year regarding medical bills I was not billed for in 1998-99. I contacted my then insurance company (I have a different one now), and was told the claims were never filed, or in the case of one charge was information they requested from the doctor responded to, so they have not paid. Since these are way old, they (the insurance company) are stating they won't pay. The collection agency says, yes we didn't bill you oops, you still have to pay. My documentation states all other bills from them were paid.

I was told they would check into it. Now, another year later, they are finally calling again, but have no records of the previous conversations. Is there a statute of limitations or do I have any rights regarding these charges? The collection agency basically says tough, pay up. I am in Indiana.

We have 4 claims in question:

1 - Insurance company received claim, asked doctor for more information, doctor did not provide, then didn't pay.

2 - Never filed to insurance company

1 - Does not match any date of service I have. Claim never filed.

Thank you for your help.




Senior Member
Contact the Indiana Insurance Deaprtment. They MAY be able to help you.

In any event the collection agency is paid on a percentage of what it collects and could care less about anything other than collecting. BUT if you make it clear that you will not pay, that the reason that you are not going to pay is that ITS client caused the non-payment, and they can sue you, they either will sue (after a series of letters from a lawyer) or drop it. If they sue, I hope you can prove that you did what you should have and the hospital failed to provide the information, assuming the insurance department does not help you out.



I assume though I have no recourse though on my credit report, even if I fight it to the hilt? I know I am right and have documentation to prove this, but I've fought the good fight with credit agencies before, and it normally takes a year to work things out, even if they're stupid <such as bills accrued before I was even born>.

Is there a statute on the bills in general? ie, anything billed after a certain date they have to absorb?

Thank you for your assistance. It is GREATLY appreciated.


Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential