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Advice on responsibility for medical insurance payment.?

Basically, my wife got bit by a stranger's dog. I took her to the emergency room, and additionally had a police report filed. My understanding is that the hospital or our insurance company is supposed to go after the stranger for payment. Instead... the hospital charged everything to my medical insurance (Anthem Blue Cross) and Blue Cross paid for it. The end result is I get a bill to pay $300 for the remainder, which I don't think I should be paying. At this point I'm wondering what I should do to avoid paying for something that the stranger should be responsible for: 1) Call stranger and ask for $300... doubt this will work. If not, then file small claims lawsuit (such a hassle with the serving etc)? 2) Have my medical insurance charge back the payment to the hospital provider and have the hospital charge the correct person? 3) Something else? Thanks in advance!

Public Comments

1. Option 1. The hospital is NOT going to get involved in it.
2. 3. pay it then ask the owner to pay you. if not, then sue. why ruin your credit?
3. Your understanding is wrong. When you go to the hospital, YOU are responsible to pay for the services you receive. Period. YOUR insurance has the option of trying to subrogate - going against the other person, or their insurance, IF THEY WANT TO. They don't have an obligation to do this, it is their option. Certainly you can ask the stranger for the $300. They might say no, in which case you can sue them. Your medical insurance is NOT going to charge back the payment to the hospital, and you can't demand the hospital put the bill on this other guy's account - any more than *I* can have my medical bills charged to YOU. It doesn't work that way. In either case, unless stranger coughs up the $300 on demand, the time frame on suing and collecting is going to take long enough for your account to go into collections, and it WILL hurt your credit rating. It's also possible that you'll NEVER be able to collect the $300 from the stranger. Pay the $300, and go hire a lawyer to sue this guy for you.
4. When you showed up at the hospital, they made you sign a form that stated; If your insurance does not pay, YOU WILL BE RESPONSIBLE FOR ANY BILLS for services not covered. Think about it, why would the hospital go after the strangers dog owner? Your wife sought treatment, got it, and how it happened or who is responsible for this treatment you sought has no bearing with them, only what is owed. Your medical insurance has a contract between your family and them. This contracts dictates how much they will pay and what you have to pay with co-pays, deductibles, co-insurance etc. This contract has nothing to do with this stranger. So they paid your part they owed and the balance owed is $300, that you owe to the hospital. You can ask her for the $300, but most likely she will not pay. Your only course would be to file a small claims suit on her and that is it. Your insurance may go after her for what they paid, and if you are lucky she has homeowners insurance and files a claim, then if she does, you could file for your $300 on her homeowners. good luck
5. The hospital is NOT going to go after the other party or get involved in any way. They rendered services to your wife and she/you are responsible for those bills. Your medical insurer may try to recover it's costs from the other party (it's called subrogation) but that is their decision (not yours) to make. You can, if you wish, pursue recover by suing the other party as you mention. But suing and actually collecting are two different things.
6. It is not the hospital's job to get involved with your deductible and your medical insurance won't charge back to hospital since you ARE the liable party. You can call the person and ask for it and if he refuses, you can also go to small claims court and let judge decide if you should win based on facts of the case. No one can tell you if you will win.