Am I being unreasonable

by aramativad » Wed Mar 24, 2010 05:42 pm

Back in July 2009 my family was on a summer vacation in Lake Tahoe, my 11 year old slipped and fell in a Hotel Resort bathroom and hurt her knee. There was a toilet overflowing for quite awhile since there was 2 to3 inches of water in the back half of the bathroom. (We took pictures) At the time a security gaurd took the accident report while the managment closed the bathroom and took pictures. There was no sign posted for water on the floor at the time of the accident. We stated that we would seek medical on our own. My daughters knee was pretty badly bruised and swollen, therefore our vacation trip was cut short since she couldn't do anything. There are a couple of things that made me mad about the handling of the accident... When we were filling out the report, they had us sitting in a lounge in the resort, where smoking was allowed..Management never came out and talked to us, only the securtiy/first aid guy who was rude. We never received anything from the company asking how my daughter was. I sent a letter in July to management at the resort ...After 5 months I was contacted by a claims adjustor and a claim was opened. I sent them copies of the medical bill (we have insurance, so it was the copay only) they requested medical files. Again after many months they offered us $1300 for the bi injury. They felt that this reflected the extent of her injury. My problem with this is we feel the compensation offered does not take into consideration or reflect the seriousness of the whole incident. The safety issue at hand regarding the water, the badly bruised knee, the traumatic experience of slipping and sitting in toilet water, unknown if urine/feces was present, the sadness and disappointment of the summer vacation being cut short, the treatment from the resort.

Am I wrong to think that compensation/settlement should reflect the total incident?

Also wanted to know if we should keep the BI claim open, at this time her knee is ok, still hurts once in awhile, but what if there is something medically wrong with it down the road reulting from this injury?

Total Comments: 3

Posted: Thu Mar 25, 2010 04:29 am Post Subject:

You are not wrong but let me mention the other side of the story.... you mention 2" of water in the bathroom. Did your daughter not see this water? I'd imagine it 2" of water would be difficult to miss. if she saw it, she then knew the floor would be slick but went into that area anyway. This is what is called "open and obvious". Did the hotel know about the water on the floor? Perhaps it just happened and they did not have time to react. This is called "constructive notice". There is only so much anyone can do to provide a safe environment. Granted, a hotel guest is owed more then reasonable care.

Its difficult for a company to contact someone and not commit to anything (I've had people tell me that the person apologized so they must think they were at fault).

I'm not trying to be insulting... I'm just pointing the other view on the situation.

You never mention the amount of your daughters medical bills. Is the $1300 in top of them reimbursing your health carrier? Hotels usually have Medical Expense Payment coverage that will address someone's medical bills regardless of liability. If so, the other carrier should be able to reimburse your health carrier under that portion of their policy, no questions asked. So I'm thinking the $1300 is on top of that. Given the extent of your daughters injuries I'd say that is a good first offer. But it's just that... a first offer. You need to come back with an amount you think they should pay.

As far as a dollar amount... this is up to you and really your daughter. IMHO, she should be given this money in some way. It's her pain that is being compensated for. Call it food on the table or rent... but perhaps she should be given something.

In order to be paid under the liability portion of the hotels policy you will need to sign a release stating that you are not due any more money. On order to leave the claim open, you need to not accept payment at this time.

Posted: Thu Mar 25, 2010 11:11 pm Post Subject:

Am I wrong to think that compensation/settlement should reflect the total incident?

no, you're not wrong...Tcope gave you a wonderful answer. But I've got a couple of questions...you say you submitted your co-pay amounts...The hotel most likely would owe the full cost of the treatment, your health carrier will likely subro you for what they paid...so I'd certainly add that..



Also wanted to know if we should keep the BI claim open, at this time her knee is ok, still hurts once in awhile, but what if there is something medically wrong with it down the road reulting from this injury?

Most minors the statute of limitations doesn't start running until they reach 18..if you truely think your daughter may have problems with this..then don't settle. Once you settle you're done.

As T pointed out, you and your family are the only ones that can decide what is a 'fair' amount. T, showed you some valid points the hotel can make. Clearly they've accepted some liablity for this or there would not have been an offer. Personally if it were me, I'd add up what it cost me to cut this vacation short...and that would certainly be part of the claim.

I further agree, that your daughter should be given the money (above what you've actually paid out). If it were my 11 year old, she get a couple hundred to 'blow' and I'd lock the rest up in some investment until she went to college. :wink:

Posted: Thu Mar 25, 2010 11:38 pm Post Subject: insurance

We ALL (most of us, anyway..) want the best for our kids. I'm glad you're 'standing up' for your daughter..that's great. I actually know some people that would say, "the hell with it, she's not hurt THAT bad." Also...you said you took pictures, OP? Did you show them to your Insurance company?

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