Legal questions about health insurance
Questioner
The hospital sent four invoices to the health insurance company and received payment for them. After 14 months, it turned out that there were still outstanding invoices. The hospital unilaterally terminated the care agreement, but did not exercise the right of retention and therefore did not formally exercise the right of suspension. In itself a remarkable situation. My question, given the above situation, what is my position in this? By offering and accepting four invoices which have also been paid, can I then invoke subrogation? The fact that the hospital has not exercised its right of retention means that the healthcare agreement still exists? Thank you in advance for your reachLawyer
A special form of recourse is subrogation. Claims can be transferred to another owner in various ways. A claim can be transferred by sale (assignment), for example, a claim can be transferred under general title and a claim can be transferred by subrogation. In the case of subrogation, someone else, for example the insurer instead of the person who caused the damage, pays the (damage) claim. Normally, a debt or claim disappears at the moment that this debt or claim is paid. Subrogation is an exception to this main rule. The (damage) claim is not lost by the payment, but is transferred from the creditor to the paying third party (this transfer of the right to collect the claim is called 'subrogation'). In other words: the claim is transferred from the victim to the insurer who paid the damage, which means that the insurer, as a third party, has a claim on the person who caused the damage. Because this is an exception, the cases in which subrogation can take place are regulated by law. It is important to know that in the case of subrogation, the person who caused the damage or was liable may not be better off or worse off as a result of the transfer of the claim. The person who caused the damage/the person liable therefore has the right to apply all the rights he had with the previous creditor to the new creditor. If this were not the case, he would be in a worse position. In addition to the judge, there will undoubtedly also be obligations that the person who caused the damage/the person liable cannot avoid. This is very important, for example, in the case of prescription. If the previous creditor has not been heard from for four years and has transferred the claim to someone else who only reports after two years with a request to pay the damage, then the prescription period of five years has in principle expired. . By transferring a claim, NO new term starts running. A new term of five years does start running if the term is interrupted during the transfer. The fact that the care agreement has now been terminated is a bad thing because it is a 'mistake' by the hospital to only see that there is a backlog after 14 months. By this action, the hospital was legally in default at the time. If you wish, you may contact me directly.Neem de volgende stap
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