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Hello, I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for. You would sue for failure to provide services and for unjust enrichment on the grounds that they did not provide a service and they have refused to return your co pay even though they provided no service. You should also notify your insurance company about what happened. If I have answered all your questions, please rate my answer excellent as that is how I am compensated. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.
yes, i let the insurance no but they have a rule that they will not let us know what the outcome of their investigation is at all so I dont even know if their was an investigation or not. do you think i should send them a letter before I sue them to try to resolve this again or just go straight to the suit?
You should send another letter and make clear that you are will be filing suit if you do not get a refund of your money within 10 days of the date of the letter. If you do not get your money or a response, file your small claims suit.
oh ok, so do i request them to send a check or money order for payment?
Yes. The reason I say that is they may have collected the co-pays and billed the insurance company to see if they are challenged. If not challenged they are ahead of the game. under threat of suit they may return the funds and this approach is better than taking the time to file suit. There is no legal requirement to send such a letter but there is a practical reason for it. If I have answered all your questions, please rate my answer excellent as that is how I am compensated. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.
I have to go for a minute