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dtrizzle | I was a passenger in a car that was rear ended, the car that hit us was insured, why am I responsible? |
This incident happened in January of 2004. I was in the car with an Army recruiter, and the car was rear ended by a truck, It was the driver of the truck's fault. Well I went to the hospital for x-rays, and they asked for my insurance information, and I didn't have it on me. Well the collection agencies started calling for a while but why am I being held responsible to begin with?
Now, it's 4 years later and I don't know how to get this debt straightened out. I've always had health care, the car I was riding in was insured (It was a government vehicle) and the guy that hit us was insured, so there really should be no debt to begin with. How should I go about fixing this?
Additional Details
I was 18 at the time of the accident, and I ignored the bills, I got plenty of phone calls and I would explain the situation to the bill collectors but like everyone said, in the hospital's eyes I was the one who is held responsible for the bills for the care that they provided to me, no need to explain that to me.
At this point I don't get any phone calls but my credit is screwed, and I'd just like to make sure that the right people get paid by the right people, so I can move forward from this. I'm in no means trying to play the victim, when this happened I was young and didn't understand the laws |
 |
 
MSAD
 |
You incurred the bills. It's your responsibility to pay them.
Auto liability insurance is NOT like health insurance. It does not pay bills as they are incurred. When you make a liability claim - you make a claim against the at fault Driver's policy. The insurance company settles with you. You sign a release - they give you a check and you pay the dr bills.
What state did the accident happen in?
Each state has a statute of limitations for injury claims. This can range from 1-6 years, Most states are 2-3 years. Once the statute of limitations runs - you lose your right to make a claim or pursue the guy in court.
Depending on where you are .. it may be too late to present a liability claim against the policy for the guy that hit you.
If you are being contacted by collections.....this is not the first notice you got that these bills were not paid. The hospital would have sent you bills and nasty-grams - maybe a few phone calls before they sent you to collections.
So, call the medical provider - see if they will work out a payment plan with you. Since you have apparently ignored their earlier attempts to get paid - they may tell you to discuss it with the collections company. But, if the medical provider will work with you - you can probably get it settled for a little less dealing directly with the medical provider.
If the statute of limitations has not run and you still have the right to pursue a claim - your paying the bills does not stop that. If the insurance company settles with you - they would pay you and you wold pay yourself back for the melds you have paid and any owing to the medical providers. |
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tkquestion
|
As far as medical bills are concerned, from hospital's point of view, you are ultimately responsible. They rendered you the service they provide.
I agree that the person at fault in your accident is responsible for your injury, but that responsibility is to you, not to the hospital.
If it were me, I would start asking questions....
1) Was the driver's insurance company ever contacted?
2) Did you settle with this company?
3) Did the police officer ticket him as a responsible party?
4) Is the doctor's office aware of your situation and the insurance situation? (hospitals often make mistakes on billing)
5) In many times, the driver's insurance that you were riding in often covers medical bills for passengers. Did you explore this?
6) At this time, since it has been so many years, you might need an attorney to streighten this out. Once the debt is sold to the collection agencies, hospital no longer cares about it. It now became an issue between the collection agency and you. |
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Harly Q
|
you should have made a claim at the time.
get proper legal advice..
NOW
there might be a time limit on the claim.
UK 5 years i think, US unknown |
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Hokie_Pokey
 |
You have to pay the doctor's bills. That's your responsibility.
It's also your responsibility to have pursued getting compensated from either insurance company - the truck driver or the car you were riding in.
But yeah - you still have to pay the doctor's bills. Your credit is probably screwed. |
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Sandra M
|
Good Luck, you should have gotten the driver of the trucks insurance information at the time of the accident and turned it in to his insurance. Since you didn't do that the insurance company may say why didn't you file it at the time of the accident and make attempts of getting out of paying it from that alone. It has been four years now and normally the statute of limitation is two years, three years on some things but normally two years. Why didn't you turn it in to your medical insurance if you weren't going to turn it in to the drivers insurance company? |
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src50
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The hospitals don't care whose fault the accident was; they treated YOU and want to be paid.
What you should have done was pay the bills and then sue the driver who caused the accident to recover your costs. His insurance would then have defended him by settling with you. |
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Angie
 |
Find yourself a good lawyer to get this straightened out. Someone should be paying, besides you. |
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cabdriver80
|
You are running into the statute of limitations. 2004 was quite a while ago. Originally, you were only responsible for giving the hospital the name of the insurance company and the policy number of the vehicle at fault. It is not their job to obtain that information. Now you should submit your bills directly to that insurance company and keep your fingers crossed that they pay out. If they don't, you may have to go to small claims court and sue the owner of the vehicle. |
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texandc2002
|
Your medical care is your reponsibility ultimately. Had you had the opportunity to be more diligent...you could have gotten reimbursed and even kept a little pain and suffering money. Although I am unsure of the statue of limitations on these cases....I know at the time of the accident you had potentially 3 insurance companies that may have paid.
1. Your own auto insurance (or if you were listed on your parents insurance). Even if you are injured and it is related to an autmobile...your own car insurance may have a PIP policy hat will pay medical bills. A PIP claim will not rasie your rates.
2. The recruiters auto insurance policy. You are often covered by the driver of the car you are in at the time of the accident...under their PIP or Med Pay policy. They most likely would have paid your bill and went after thr truck drivers insurance to get paid back.
3. The truck driver insurance. Had you followed up with that drivers insurance company...they would have likely paid the bill..and gave yu a little extra.
Done at the time of the injury...any of these 3 options could have been done without an attorney. But after 4 1/2 years...call an attorney for advice...it would likely be free advice...they only take cases they have a chance to win.
You might also benefit from contacting the hospital directly...not the collections agency...and working out a deal to satisfy the payment. Give them a hard luck story and tell them that you recently came into some money...but you can only pay half of the amount....They may take it. Before you pay them...ask for a letter in writing that says that this will be removed from your credit report at no cost. It is a pain in the a$#%@ to do it yourself. |
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yea..its me
|
you need to pay the debt then sue in small claims against the vehicle that hit you both. You can opt not to pay it BUT you have a duty according to the court to minimize damages and that would include incurring unnecessary nonpayment, interest, and late fees.........Get that cars info from the recruiter, a police report, pictures of the intersection and your detailed hospital records and bills......Then SUE!!!
..........AND hurry up before the limitations runs out |
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Jeff L
|
I would check with a lawyer who gives free consultations regarding personal injuries. It sounds like you let the truck driver off without taking his insurance information. Can you find the name of the truck driver or his company? The recruiter might be able to help. Don't want to rub it in, but you really shouldn't have waited four years to take care of this. Of course it wasn't your fault, but life threw you this curve and the truck driver certainly wasn't going to seek you out to help you take care of the bills. With a little effort, you can probably get this sorted out. |
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Ted
 |
You are responsible because you received the care. You then have the right to recover from some other party, if they are responsible. It is not the emergency room nurse's responsibility to investigate the auto accident and assess blame. She has no legal authority to do thin anyway. |
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Michael H
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Contact the recuirter tell him also contact your health care provider and tell them the situation. You may also have to call the car that hits you insurance company |
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Steve C
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you need a lawyer, the truck driver's insurance's lawyers are dumping it on you, you could have taken care of it back then, but since it's been 4 years you'll need a lawyer... |
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mary p
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Should have gotten a lawyer..I think your time has run out though.
ALWAYS go to a lawyer to cover your ***. Esspecially the Gov. will screw you!! |
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