Hospital waited to long to file my claim now my insurance won't pay. Do I have to pay the bills they are sending?

Asked over 3 years ago - Ocala, FL

My husband, paid his auto insurance for 40 years. He was the victim of a careless uninsured driver and went to ER. The ER did not file the claim. He had full insurance. the hospital would have collected 100% if they had filed in a timely fashion. His PIP eventually was used up and his private insurance covered the later bills. He cannot use his private insurance for the wreck ER bills, because he was not covered at time of wreck.

Attorney answers (3)

  1. Matthew Phillip Konecky

    Contributor Level 15


    Lawyer agrees


    Answered . If your husband cooperated with all conditions of his PIP insurance, he should not be liable. You should contact a PIP attorney in your area. If you can't find a specialist in PIP, contact any Personal Injury attorney for a referal. Chances are they will help handle your claim for you. Act fast, however, there are limitation on these types of claims.
    If you don't know where to begin, try using AVVO. Good luck.

  2. Brian C. Pascale


    Contributor Level 18


    Best Answer
    chosen by asker

    Answered . Generally a person is not liable for medical bills in this type of situation where the Health Care Provider failed to submit the bills in a timely fashion. You should speak with an attorney in your area who specializes in No-Fault Law to make sure that your rights are protected. Also, this will ensure that this bill (which may be tremendous) gets handled and not sent to a collection agent to ruin your credit. I provided a link to some information on Florida's No-Fault Regulations.

    I wish you the best of luck.

    If you found this helpful I would appreciate your clicking the "thumbs up" below.

    Legal Disclaimer: Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.

  3. Bryce Cooper Angell


    Contributor Level 8


    Lawyer agrees

    Answered . Depending on the laws of your state and the language of your policy, you could be out of luck. You first need to check your policy to see if you are required to submit medical bills to the insurance company for payment. Obviously there is a time limit as you described so its important to first understand what the policy requires procedurally. Also, it may be a mute point if the PIP was used up and there is insufficient coverage anyway. I would need a bit more info to properly answer your question more appropriately. I would suggest calling the hospital and letting them know your situation. Often times a medical provider will negotiate with you or even waive the charges if they see fit. At the very minimum you could work out a payment plan and a reduction of the initial charges.

    hope this helps,
    Contact me if you have more questions. I've helped people out with similar situations.

    Good luck,

    Bryce Angell, Georgia Lawyer
    3455 Peachtree Rd NE
    5th Floor
    Atlanta, GA 30326
    (770) 217-4954

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