Existence of insurance coverage does not defeat summary judgment motion

If you were injured due to someone else’s careless actions, we understand the challenges you may be facing. As a victim or a surviving family member, you could be dealing with the life-altering consequences of a serious accident.

North Shore Univ. Hosp. At Manhasset v Austin, 2014 NY Slip Op 50123(U)(App. Term 2d Dept. 2014)

So you go to the doctor and they accept your insurance.  There is a balance left over.  Are you still liable on the balance?  Appears so.

“In opposition to plaintiff’s motion, defendant made only conclusory and unsupported allegations, which failed to raise a triable issue of fact. Defendant did not deny that he had been treated by plaintiff hospital and that medical bills had been sent, and he failed to demonstrate that he was not obligated on the debt. Although he claimed that he did not “owe these fees,” other than such assertion, he did not present any evidence to establish that an error had been made in calculating the amount sought. His assertion that he had made out-of-pocket payments to the physicians who had treated him is irrelevant to the payments sought by plaintiff. Finally, the fact that there was some insurance coverage does not relieve defendant from liability on the debt. To the extent that defendant argues that he is awaiting answers to his interrogatories, and cannot form a defense until then, we note that he seeks information concerning payments allegedly made by his own insurance company, which is not information “unavailable” to him”

Facebook
Twitter
Email
Print

Latest Article

DON'T ACCEPT LESS THAN WHAT YOU'RE OWED!

Choosing the right legal representation is one of the most critical decisions you can make after an accident.

Partnering with a skilled, experienced, and dedicated personal injury attorney can bolster your case and position you to secure the full financial compensation you’re entitled to.

Our firm is ready to manage every aspect of your case, including negotiations with insurance companies. We reject inadequate settlement offers and relentlessly fight for the maximum compensation you rightfully deserve.

Contact Us – We’re Here to Help


    5-Star Rating on Google