Man Maliciously Complies After Being Told “Call A Lawyer”, Wins $80 Thousand Over Insurance Claim (2024)

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Dealing with insurance is always a testy thing. Sometimes it may seem that they’ll pay out for something you thought had 0% chances of going through. Other times they’ll fight tooth and nail not to reimburse you for something that they obviously should.

Reddit user u/JoephNightwolf details the story of not taking it lying down when his insurance company decided to stop covering for an extremely cheap but very important medication.

More info: Reddit

Dealing with insurance companies is such a complex hassle, especially when you need the money

Image credits: Pixabay (not the actual image)

The poster of the story had a workplace accident, which left him with nerve damage and an important medication prescription

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Image credits: u/JosephNightWolf

After his $81 per year prescription was cancelled by his insurance, he took them to court, eventually winning $84 thousand plus legal fees

The poster’s (OP) story is brief but compelling. He suffered a serious workplace injury, during and after which his insurance did not “cut corners”. Nerve damage was found during hospitalization and it was unsure whether it would heal naturally or last years, but the doctors recommended taking medicine to provide relief.

OP completed therapy, returned to work and ending up needing to take fewer pills than he was prescribed, allowing him to save them for the future. Eventually, the prescription ran out and the insurance company refused to refill it, repeating that the case was closed to him.

Turns out, the case could be reopened by the court, so he did just that. OP sued them and won $84 thousand plus legal fees. The most ironic thing about this story is that the medication only cost $81 dollars a year, but the insurance firm couldn’t resist skimping out on them.

For this Article, Bored Panda got in touch with the original poster, JoephNightwolf. Asked about how hands-on the process was, he mentioned that the process was handled entirely by lawyers, save for the final calls to appear in court and with news that the settlement was done.

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The most difficult thing for Joeph throughout the entire process was “finding a parking spot for court.”

JoephNightwolf continued with more information about his story. The pills that were prescribed after surgery had to be taken regularly, or else he’d need spinal surgery. Although the surgery would have been covered by the insurance, OP didn’t want to undergo surgery for small nerve damage.

“They paid for the best doctors and therapists. I felt secure with the doctors’ informed opinion that the nerve damage was minor and because of my excellent health and physical activity, the damage would be repaired.”

The entire case sprang from the fact that OP needed the pills to avoid unnecessary surgery, and insurance seeks to close workers’ compensation cases as fast as possible. And, as they had finished physical therapy, the case had been closed, and the insurance company was immovable.

The original doctor wouldn’t give out a prescription as the claim was closed, and a new one would have needed to perform his own diagnosis, which would also cost unnecessarily.

OP resonantly finished their interview with: “I asked the agent to reopen the case. Nope. What do I do? You will have to ask a lawyer, she said. I did.”

Image credits: Alexander Schimmeck (not the actual image)

There may be many reasons why insurance companies may deny compensation, especially when related to medication. It may not be covered by the plan, the plan may only cover generic drugs, and so much more. The Patient Advocate Foundation provides possible reasons for why a prescription may be denied and what you can do about it.

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Before we go into it, keep in mind that your mileage may vary widely, depending on where you live, your insurance provider, and many other factors. The most straightforward way to find out about what’s going on with your insurance is to contact the firm you are assigned to.

With that said, the insurer may provide the pharmacist with a specific reason why your prescription isn’t being covered. If you’ve got that information, you can find out whether your doctor hasn’t prescribed the medication, whether the pharmacy does not carry it in stock or perhaps something else is awry.

If this happens, you should attempt to contact your doctor and find out what the issue is. In some cases, the pharmacy may suggest generic alternatives to your prescription.

It is also prudent to check if your insurance information entered correctly, whether it is updated, because there may be a tiny mistake preventing you from getting your prescription. You should make sure that the pharmacy you’re in is covered by your plan and whether that hasn’t changed as well.

As nearly all European countries have a universal health care system, you most often hear stories of US citizens dealing with healthcare issues. A lot of the time people may receive a prescription, but have no money to refill it, which drastically affects quality of life.

Many people have Medicare, but then they also need to pay for additional insurance plans to get the coverage they need. Furthermore, the generic version of their medication may be covered, but it could simply not work for everybody.

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Man Maliciously Complies After Being Told “Call A Lawyer”, Wins $80 Thousand Over Insurance Claim (2024)

FAQs

What is the maximum sentence given under federal law for unfair and deceptive insurance practices? ›

The punishment for an offense under paragraph (1) is a fine as provided under this title or imprisonment for not more than 10 years, or both, except that if such embezzlement, abstraction, purloining, or misappropriation described in paragraph (1) jeopardized the safety and soundness of an insurer and was a significant ...

Can the insurance company settle any claim or lawsuit it considers appropriate even without the consent or approval of the insured? ›

This means that the insurance company can choose to pay claims against your (even if you do not wish to do so). They don't have to ask you first. One of the few exceptions to this is medical malpractice where doctors sometimes have policies that require the doctor to consent before settling.

What is an example of an unfair claims settlement practice? ›

Some instances of unfair claims settlement practice may involve issues with timeliness on the part of insurers. Examples of specific timeliness issues could involve: Failure to provide a timely explanation for the denial of coverage or a low settlement offer.

What is the maximum amount a person guilty of an unfair method of competition? ›

(a) Any person who engages in any unfair method of competition or any unfair or deceptive act or practice defined in Section 790.03 is liable to the state for a civil penalty to be fixed by the commissioner, not to exceed five thousand dollars ($5,000) for each act, or, if the act or practice was willful, a civil ...

What is unfair claim settlement in insurance? ›

Unfair claims practice is the improper avoidance of a claim by an insurer or an attempt to reduce the size of the claim. By engaging in unfair claims practices, an insurer tries to reduce its costs.

What is the hammer clause? ›

A hammer clause is an insurance contract condition that limits the amount an insurer has to pay in a lawsuit if an insured refuses to approve a settlement offer.

What is the consent to settle hammer clause? ›

A consent to settlement clause is a provision (also known as the "hammer clause" and "blackmail settlement clause") found in professional liability insurance policies that requires an insurer to seek an insured's approval prior to settling a claim for a specific amount.

What is the Unfair deceptive Acts and Practices Act? ›

Section 5 of the Federal Trade Commission Act (FTC Act) (15 USC 45) prohibits ''unfair or deceptive acts or practices in or affecting commerce. '' The prohibition applies to all persons engaged in commerce, including banks.

What is the federal law for unfair competition? ›

The Federal Trade Commission Act bans "unfair methods of competition" and "unfair or deceptive acts or practices." The Supreme Court has said that all violations of the Sherman Act also violate the FTC Act.

What is the maximum fine for willfully violating the unfair trade practice laws of Iowa? ›

The maximum fine for willfully violating the unfair trade practice laws of Iowa can vary depending on the specific violation and circ*mstances. Under the Iowa Code, a violation of unfair trade practices is considered an aggravated misdemeanor, and the maximum fine for an aggravated misdemeanor in Iowa is $6,250.

What statute is unfair methods of competition and deceptive acts or practices? ›

15 U.S. Code § 45 - Unfair methods of competition unlawful; prevention by Commission. Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful.

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