If my insurance company sends the benefit check to me instead of the provider can I cash it?

Asked over 1 year ago - Denton, NC

My son is the one responsible for the bill. He was 21 at the time of accident but is still on my medical policy. I did not sign any papers

Attorney answers (4)

  1. Lars A. Lundeen

    Pro

    Contributor Level 20

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    Answered . Since the bill was that of your majority age son and the check has erroneously been issued to you in your name, I suggest you not cash it, but rather return it to the carrier. Or why not contact your son and advise him of the situation? Perhaps he would prefer that you cash the check and turn the money over to him and he will decide if and when he pays his medical bills. He is ultimately responsible for satisfying the Dr. charges. You are not entitled to keep the money yourself.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. 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 timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.
  2. John Locke Milholland IV

    Contributor Level 11

    2

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    Answered . Avvo Email - Rated Professionals. Expert Advice.If the check is made out to you, you will have to cash it or deposit it. If you have a lien or third party claim against your settlement, you are responsible for paying it, so if you cash or deposit the check, make sure you satisfied any obligations before spending the money.
    ***DISCLAIMER***
    This response is general legal information. To the extent it is advice, it applies only to North Carolina, the state where Locke Milholland is licensed to practice law. The response applies only to the limited facts presented. Additional or different facts may result in a different response. This response does not and is not intended to create an attorney client relationship.
    www.lockemilholland.com/

    **Disclaimer** I am licensed to practice in North Carolina. I practice out of Raleigh and Wake County. This... more
  3. Jeffrey Mark Adams

    Contributor Level 20

    2

    Lawyers agree

    Answered . I wouldn't recommend that. Speak to your attorney.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Send it back to the insurance company, and have them issue the check properly.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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