If I was in a car accident and my auto insurer paid the hospital but now the hospital says I owe the remaining balance of $2400, do have to pay?

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If I was in a car accident and my auto insurer paid the hospital but now the hospital says I owe the remaining balance of $2400, do have to pay?

I was not at fault and the driver that caused the accident is insured. I have health insurance and offered it to the emergency room nurse but she told me my auto insurance would pay the bill. The hospital submitted the bill to my auto insurance. They determined the amount to be billed and paid that amount. Now the hospital says I owe the balance of $2400 that the auto insurance determined was above customary charges.

Asked on February 13, 2012 under Personal Injury, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

When you complete your medical treatment and are released  by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of any wage loss.  Your personal injury claim filed with the at-fault party's auto insurance carrier should include these items.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injuries and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  The unpaid hospital bill can be paid from your settlement with the other party's auto insurance company.  If you are dissatisfied with settlement offers from the at-fault party's auto insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault party.  If the case is settled with the auto insurance carrier, NO lawsuit is filed.  If the case is NOT settled with the auto insurance carrier, you will need to file your lawsuit for negligence against the at-fault party prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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