Is there anything that my mom can do legally to get back a refund that was sent to my father?

UPDATED: Sep 8, 2010

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Is there anything that my mom can do legally to get back a refund that was sent to my father?

I’m 21 and I had to have surgery last month. I don’t have my own insurance, I’m insured by my dad, who is primary and my mom. We had to pay upfront and when the office filed the claim, we would be reimbursed. The reimbursement went to my dad. My mom, who doesn’t trust him, doesn’t think that he’ll send the money back to her. The money came from her account. Is there anything that my mom and I can do legally to get our money back?

Asked on September 8, 2010 under Bankruptcy Law, Louisiana


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Your Mom is going to have to try and keep track of the claim in some way, which may be difficult since the insurance is not in her name. Maybe you can help since the surgery was yours and not hers.  Keep on top of the doctor's office as to the billing, etc.  When they submitted the claim, all copies of EOB's (explanation of benefit forms) that will be sent for the surgery - and they will be sent - etc.  If you are insured under the policy the insurance company may or may not give you information on the matter when you call in (certainly no information that would violate HIPAA) but they may give information as to reimbursement.  Then your Mom will have to demand the money from your Dad and if he does not pay, sue him for it, as it is his obligation under their agreement.  You may also be able to sue under what is known as 3rd party beneficiary laws.  Good luck.

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