REQUESTS FOR ADMISSIONS
DOUGLAS B. CATTS, ESQUIRE
Recently the lawyers at Schmittinger & Rodriguez, P.A. settled a case against a well-known automobile insurance company where the insurance company refused to pay medical bills. To receive compensation for medical bills, The Plaintiff must prove that the bills are related to the vehicular collision at issue and are reasonable and necessary. The client had pre-existing injuries and the insurance company insisted that the bills were related to previous problems. Medical providers usually may testify about these matters insofar as other health care providers are involved. However, in this case a chiropractor could not testify about bills from medical doctors and the numerous medical doctors were not familiar with the different specialties in the case.
The law provides that parties may file Requests for Admissions. Our client, the Plaintiff filed requests asking the Defendant to admit or deny that the medical bills were reasonable and necessary. If the defense admits, there is no reason to take the depositions of multiple doctors at great expense. If the Defendant denies, then the depositions would have to be taken, but the party filing the requests may also apply to the Court for fees and costs. In response to the Requests for Admissions, the defense was evasive and Plaintiff’s counsel filed a Motion to Compel. The Judge gave the Defendant insurance company a time certain to admit or deny that the medical bills were or were not reasonable and necessary. The defense had to decide whether to admit that the bills were reasonable and necessary or deny and risk payment of fees and costs including expert witness costs. The day before the response was due, the Defendant settled the case so that the medical bills were paid.
Requests for Admissions can cut through and eliminate expensive litigation and bring matters to a head. That happened in this case.
If you have been involved in a motor vehicle collision and your insurance company is not paying your medical bills, contact Schmittinger & Rodriguez, P.A. at (302) 674-0140.