Do I have to pay legal costs if my medical insurance paid a hospital late?

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Do I have to pay legal costs if my medical insurance paid a hospital late?

I received a summons for debt to a hospital. Shortly after receiving the summons, my medical insurance finally paid the hospital. The debt collection agency now claims that I have to pay their cost and the hospital’s legal cost. Shouldn’t this be the insurance company’s responsibility since they were responsible for the late payment?

Asked on August 7, 2012 under Bankruptcy Law, Colorado

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No you don't have to pay these bills; seems to me the insurance company messed up and committed bad faith or negligence or both.  You need to file a complaint with your state insurance department and have that agency help you sort this mess out. In the interim, do not speak with the hospital or collection agency, period.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Given the fact that you received a summons and complaint from a health care provider for money owed pertaining to costs associated by late payments by your health insurance carrier you need to place your health insurance carrier on notice about such and make a demand that it defend and indemnify you concerning the litigation. Given the seriousness of the situation, I suggest that you consult with an attorney that practices in the area of debt collection to safeguard your interests.


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