Is this legal?

[micmac]

What is the name of your state (only U.S. law)? CA

My ex had a car accident with my son in the car. He was taken to the ER because he said he didn't feel well and cleared almost as soon as he was taken in. No x-rays, no doctor came in, viola he's fine. Our court order says medical is to be split 50/50. Well she paid the ER bill and submitted half to me for reimbursement!! How is this legal if the car insurances cover it? (other driver was at fault). So She gets reimbursed from me for 50% as well as from the car insurance for 100%?

 

[single317dad]

What is the name of your state (only U.S. law)? CA

My ex had a car accident with my son in the car. He was taken to the ER because he said he didn't feel well and cleared almost as soon as he was taken in. No x-rays, no doctor came in, viola he's fine. Our court order says medical is to be split 50/50. Well she paid the ER bill and submitted half to me for reimbursement!! How is this legal if the car insurances cover it? (other driver was at fault). So She gets reimbursed from me for 50% as well as from the car insurance for 100%?

Uninsured or post-insurance medical expenses should be split 50/50. That's the amount due after insurance (if any) pays, aka the amount the party is liable for. If your order does not phrase it that way, I'd get a new one that does.

 

[Ohiogal]

Nothing to say but POSTING HISTORY!

 

[micmac]

Uninsured or post-insurance medical expenses should be split 50/50. That's the amount due after insurance (if any) pays, aka the amount the party is liable for. If your order does not phrase it that way, I'd get a new one that does.

it says "obligor must pay fifty percent (50%) of the reasonable uninsured health care costs for the children as provided by Family Code section 4062". I am the obligor. How would I know if she submitted it to insurance? health insurance, car insurance or otherwise?

 

[ecmst12]

Does anyone really care?

 

[micmac]

Does anyone really care?

About the law? I thought that was the reason for this board.

 

[ecmst12]

About any problem that you are whining about. Your kid required medical care. Pay the bill.

 

[micmac]

About any problem that you are whining about. Your kid required medical care. Pay the bill.

Medical care that I don't believe was submitted to the insurance company.

 

[ecmst12]

Why would she pay it if insurance would cover it?

 

[micmac]

Why would she pay it if insurance would cover it?

Because it was the result of an car accident. She could pay it herself, get me to pay half. then submit her receipt to health insurance and get whatever that pays. Then submit it to her car insurance and the other drivers car insurance and get reimbursed by both of them.

 

[ecmst12]

Wrong. She could only submit it to her insurance if she has medical coverage which is not required in VA. IF she decides to pursue a claim with the other driver's insurance, she might get reimbursed, and you can ask for your half to be paid back. But she's not required to do that, and your order says you have to pay regardless.

 

[micmac]

Wrong. She could only submit it to her insurance if she has medical coverage which is not required in VA. IF she decides to pursue a claim with the other driver's insurance, she might get reimbursed, and you can ask for your half to be paid back. But she's not required to do that, and your order says you have to pay regardless.

She has health insurance (no idea how to know if shes submitted it there) as well as a medical portion through car insurance.

 

[OHRoadwarrior]

So ask for a final account statement showing she paid and what she paid. Reimburse half that amount.

 

[micmac]

So ask for a final account statement showing she paid and what she paid. Reimburse half that amount.

That's what I'm saying...she can cheat. Say the bills are $1000. She pays out of pocket for all of it and submits receipts to me to make my half $500. Then she submits $1000 in receipts to:
health insurance
her car insurance
other drivers insurance

AND gets that $500 from me. Both car insurances will pay it (it is legal to double dip supposedly). She will get whatever the health insurance can reimburses her. So it's not proof that she paid, I shouldn't have to pay anything since she will be profiting from it.

 

[cbg]

She has health insurance (no idea how to know if shes submitted it there) as well as a medical portion through car insurance.

So prove that she submitted the claim under both. You don't get to violate your court order based on what she might have done when you have no idea whether she actually did or not. And no valid reason, from what I can see, to think that she did.

Posting hx is vitally important here, folks.