When Is It Illegal To Kick Someone Off Their Health Insurance?

We previously discussed the possibility that COVID-19 — the very thing that health insurance is supposed to financially protect us against — resulted in the loss of employment, which in turn could leave someone suddenly without insurance. That makes us financially vulnerable in these uncertain times, and could spell financial doom if COVID strikes. A lot of people are asking when insurance providers can legally kick someone off their insurance. Here’s our answer!

Many people are dropped from their health insurance due to payment snafus. This might be the result of a clerical error on behalf of the provider, or it might be the result of an automated billing system that ended or changed — and you forgot to check. The Affordable Care Act increased the restrictions on insurance providers who want to suddenly cancel coverage for frivolous reasons, but the issue is still complicated. It still causes headaches.

Before the ACA passed, most states had allowed insurers to cancel coverage without warning if they discovered that the insured party was ill or became pregnant. The ACA still allows insurers to cancel coverage if the insured fails to pay up or knowingly provides false information on an application.

Needless to say, these are the two reasons that insurers often give when they drop coverage. 

But the cancellation should never be sudden. The ACA requires insurers to provide notification when a policyholder neglects to make payments on time. The policyholder has three months to continue making payments or face total cancellation of the insurance plan. The problem is that some people lose coverage without notification because of a loophole when they make too much to justify a subsidy that was previously provided. In this case, most states mandate a 30-day window before coverage can be dropped — but not all states.

If you believe that an insurance provider dropped coverage illegally and without notifying you under the ACA, then contact an attorney as soon as possible.

Can I Sue After Being Kicked Off My Insurance During The Coronavirus Outbreak

The world is in dire straits, and while the pandemic shows some of the best of humanity’s qualities — it also shows some of the worst. Our law firm has been flooded with inquiries relating to coronavirus and health insurance. Most of those who have questions have, for one reason or another, lost health coverage due to this crisis. Whether or not litigation is the right path forward depends on exactly what happened.

If you are currently employed and coverage was affected by the coronavirus outbreak, you might have a solid case. After all, coronavirus is the biggest reason we need good healthcare right now. It shouldn’t also be the reason we lack it. And insurance providers can’t just change the rules of the game when a new player enters. Talk to a personal injury attorney for more information.

Most workers who were laid off due to the coronavirus pandemic likely have no legal recourse. But they do have other options to put health coverage into place before it’s too late.

COBRA was built as a way to keep continuing coverage in place after a person loses his or her job, and most laid-off workers will have this option. The problem is that COBRA is almost always very expensive.

Another option is Medicaid. You might seek Medicaid if you are recently unemployed or if your hours have been much reduced. This is a good option, because coronavirus testing is provided at no additional cost. Copayments might depend on where you live. 

The last option exists because of the Affordable Care Act (or ACA). You can sign up for Obamacare soon after losing a job to find coverage when other options aren’t for you. Some levels of coverage in the marketplace are low-quality for what you get, and even with subsidies, the coverage can still be quite expensive in relation to what you’re accustomed to paying.

What Happens If The Driver Who Hit You Has No Insurance?

If you are driving, and another driver hit you, this could be either an easy or a problematic situation. If they have insurance, you can trade information, and your insurance company will start working with their insurance company to get your car fixed. However, there will always be times when you are struck by another driver that does not have any insurance at all. When you are faced with this situation, you may wonder what you can do in order to not only get money from this other driver but also get your car repaired as quickly as possible. Here are the steps that you need to take if you are actually hit by another driver that does not have any type of car insurance.

Have A Police Report Filed

The first step is to make sure that the police are able to file a report. In that report, if they state that it is the fault of the other driver, this is information that you can use to your advantage. Official police reports will stand up in court, and it’s exactly what your insurance company is looking for. When you have a legal document which can provide them with evidence that the driver that hit you should pay for the damages because of their negligence, this is the first step of the process. If they do not have insurance, you will then need to file what is called a claim under uninsured motorist coverage.

What Is Uninsured Motorist Coverage?

This is something that you ought to be paying for with your own car insurance just in case this ever happens. It is a way of getting your vehicle repaired when the other person does not have insurance. If you do not have this particular policy, you can still file the claim, but this means your insurance rates are going to go up. You will have to pay the deductible, and then they can start the process of sending you the money so that you can have your car repaired.

File A Lawsuit Against The Other Driver

This is a very tricky situation, depending upon the amount of damage that was done. Sometimes it’s not even worth it. For example, if there is $1000 in damage that has been done, and you have to pay an attorney $300 an hour to prepare documents, and even more to represent you in court, you could end up paying more for the legal help then you would actually get back once the lawsuit is completed. Of course, you can ask for your attorney fees to be paid, but if you are suing somebody that virtually has no assets, the odds of getting any money at all is very slim. This is something you will have to discuss with your lawyer and based upon their assessment you can file or choose to simply deal with the fact that the other party was not insured.

Insurance and Personal Injury Law

When you are in an accident and suffer an injury, most of the time insurance will help take care of fixing your car, giving you a rental car, as well as provide you with some sort of assistance in medical bills. But what happens when that isn’t enough to get you back on your feet. Lost wages from not being able to work coupled with bills for physical therapy plus who knows how much the rate of your insurance will go after a severe accident, how are you suppose to pay for everything?

This is the primary reason as to why people file Personal Injury Lawsuits. Personal injury lawyers consider themselves to be David to the insurance companies Goliath, helping the average person get the most that they can from insurance companies so they can get back on the road to recovery faster and live their lives comfortably.

But the insurance companies have their own personal injury lawyers who put up a good fight. Here are some secrets that insurance companies don’t want you to know in regards to filing a personal injury case against them!