by Guest » Mon Jun 30, 2008 12:35 pm
I wasn't sure where it post this so I am putting it here. Yesterday I slip and fell on a puddle of water at a nationwide large chain store. I told the manager and filled out the report. I wanted to know what my options are because last night I was doing ok but this morning I feel like a truck ran over me. Can someone help me?
Posted: Tue Jul 01, 2008 08:37 pm Post Subject:
I'm not suggesting that you have the answers... I'm only stating that these things need to be known to fully understand how the situation will be handled by the carrier.
Do I just ask my health carrier to call the store to seek settlement
You usually fill out a claim form of some type for the health carrier. It should ask how the injury happen. From there it's up to your health carrier to seek recovery if they want.Can i handle this myself, do I have the right to ask for any kind of settlement?
Yup, you have a right to ask for as much or as little as you want. I have a right to ask my next employer for a million dollar pay raise as well. :)I just don't understand what should I ask for and what is ridiculous.
This is why many people hire attorneys. But for unrepresented people, the adjuster will usually make an offer if it's appropriate. You can feel free to make a counter demand and then it's off to the races. It's just like buying a car. Certinaly if the injury and treatment is minor, there is not a lot of room for huge differences in compensation.Posted: Wed Jul 02, 2008 12:05 am Post Subject:
Misty...I'm sorry but this was just funny the way you stated it!
I was in the beer isle of the store, I picked up what I needed
:lol: :lol: When you talk to the adjuster say the soda pop isle or whatever else is in that isle (no just kiddin')...Gonna tell you and T will agree I feel fairly certain...slip and fall claims like this are hard to prove 100% negligence...I can tell just from what you have said, more than likely (dont' panic not always)...they will apply ''some' negligence to your shoes, and full hands...More than likley the store has cameras ask them for a copy of you falling...can't hurt a thing...as T said, seek treatment see if you are ok, and will heal with time...let us know if you'd like we will be happy to help any way we can...Posted: Wed Jul 02, 2008 12:44 am Post Subject:
They won't give up the video from the camera... not in a million years.
Yes, they will consider those mitigating factors that Lori mentioned as well as any others but they all don't displace negligence. They are just valid defenses the insurance company will raise (for example, if your hands were full because you did not use the provided baskets, this may have "helped" you to slip and it's not the fault of the store. But keep in mind that these things work negligence down from absolute to something less then that. It's not like one little thing will allow them to deny the entire claim. Your complaints are valid as well. Also, it's not like the carrier can accept 90% liability and pay 90% of the claim as a portion of the claim can be for "pain and suffering" and this is a made up amount anyway. So the mitigating factors usually just reduce the amount paid over-all. But reduced from a made up number anyway.
Posted: Wed Jul 02, 2008 12:48 am Post Subject:
Exactly...I just wanted the OP prepared for that...and when giving her statement not to say something like, 'I was wearing these old flip flops that fall off all the time''...you get my drift....you could've been roller skating and there still should'nt have been water on the floor...there's no changing that....
RE: tape...don't hurt to ask for a copy...my sister in law fell at a 'taco' place, the coughed up a copy without any trouble...course will depend on who you talk to ...perhaps she got a moron? :wink:
Posted: Wed Jul 02, 2008 12:53 am Post Subject:
"Taco place"... don't get me started. I worked for company prior to this one where we insured everyone of them in the state of UT. Perhaps your sister is hot and the manager was a guy. :) Yeah, I'd hand over the cash register probably.
Posted: Wed Jul 02, 2008 01:02 am Post Subject:
:lol:
Posted: Wed Jul 02, 2008 02:40 pm Post Subject:
I talked to the insurance guy yesterday. He was very thorough but didnt as me what kind of shoes I was wearing. He is going to look at the video tapes. He wants to see if any of the vendors that delivered that day had any kind of leaks. He said his investagation will probably take 2-4weeks. And he would contact me if one of the vendors is responsible. He did ask me if the puddle looked like it had be walked through or if it was clear. It was clear.
Posted: Wed Jul 02, 2008 02:52 pm Post Subject:
I had another question. I know that there is statue of limitations on car accidents, but is there for this kind of accident?
Posted: Wed Jul 02, 2008 03:05 pm Post Subject:
I had another question. I know that there is statue of limitations on car accidents, but is there for this kind of accident?
Yes, SoL also applies here but there is no state that is less then 1 year and most are 4 years.Posted: Wed Jul 02, 2008 04:49 pm Post Subject:
Thank you, you both have been a BIG Help!
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