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
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).