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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

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

Answered 11 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption