If my eye doctor claims that I owe them money but my insurance company says they tried to file a double claim, what do I do?

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If my eye doctor claims that I owe them money but my insurance company says they tried to file a double claim, what do I do?

About 2 years ago, my optometrist started sending me bills for contacts that were 100% covered under my insurance. I contacted my insurance and they verified it was 100% covered and told me that they already fulfilled a claim and therefore were denying one hence why I was being charged. I called my optometrist and they talked to the insurance company as well and yet I still received bills and it’s now in collections. I have only ever received one pair of contacts from them and they don’t even correct my vision fully because I refused to go back for more services. What actions can I take since they optometrist continues to keep saying I owe them despite having 3 separate phone conversations with them about this and them not removing the debt?

Asked on January 21, 2017 under Insurance Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can either affirmatively sue the optometrist for a "declaratory judgment" (court determination) that you do not owe the money (and that they cannot put this into collections or report to the credit rating agencies); or if you don't want to go to the cost or effort of initiating a lawsuit, you can wait to see if the optometrist or their collections agency sues you (since if they don't sue you and win, they can't make you pay), then defend against the lawsui, at the end of which, if the court agrees you do not owe the money, their debt will be dismissed. Unfortunately, those are you only effective options; you need a court to settle the issue, one way or another. If you want to initiate a lawsuit, you can hire an attorney or, if you want to represent yourself ("pro se"), contact the county court clerk's office for instructions.


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