Is it legal for you to be billed for a medical bill after 2 years if your insurer did not pay?

UPDATED: Jan 15, 2012

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Is it legal for you to be billed for a medical bill after 2 years if your insurer did not pay?

Asked on January 15, 2012 under Bankruptcy Law, Arkansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Assuming that the statute of limitations, or time to sue, for a debt like this has not expired in your state, then yes, you can be sued. Ultimately, *you*, not your insurer, are legally responsible to the medical care provider for medical bills; if they do not get payment from the insurer, the provider(s) will look to you, and may take legal action if necessary. You, in turn, may be able to sue your insurer, if they dishonored their obligations under your policy and did not pay a bill they should have.

The relevant statute of limitations for this cause of action or debt would be the one for a written contract, which is 4 to 6 years in most states.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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