I fell and broke my foot at a car dealership and it won't cover my medical, now what?

[JamesArthur60]

Facts:

My wife and I were at a local car dealership for service. We have been going to this dealer for 12 years with the same car we bought there new in 2000. The service guy knows us by name. While standing inside the garage area, my wife tripped on a metal trim piece holding ceramic tile in place. This is in front of the service counter desk where you check in. Several employees were nearby when she fell onto the main concrete floor. She bruised her elbow, leg and hurt her foot. She had a xray the following day that revealed a broken right foot. The dealership (a statement from the owner relaid by the HR person to us) initially took the position they do not cover any such cases that occur within their building. They have now told us to send all medical findings and the case will be reviewed. I'm not feeling warm and fuzzy about this guy covering the medical expenses. Are my wife and I expecting too much from the dealer? I assumed such businesses have insurance for accidents that occur on their property, not unlike any homeowner. We could not afford to hire an attorney, we are retired on fix incomes. What opinions do we have if the owner chooses to ignore our claim? Thanks

 

[LTC]

Payback can be a you know what. You have witness' right?

LTC

 

[65kaiser]

They have to carry liability insurance just for situations like this! Demand they give you the name of their insurance carrier and if they don't, go to the Mother Corp. Ford GM etc.

 

[dougb1946]

It depends. Was the piece you tripped on installed improperly?. Was it an obvious hazard? Have others tripped on it? Do you have proof?

They have insurance to protect themselves, not you, and payment for injuries is not automatic. If you believe you have a claim, you can either try small claims court or a lawyer. Often, a letter from a lawyer will convince a small business to pay rather than fight, even if they are not legally libel for any damages. They have probably been instructed by their lawyers and insurance co to never admit or accept blame, for anything.

If you use small claims court, they will have to use a lawyer to defend themselves. You will have to prove they were at fault somehow. Photos, statements from witnesses, doctor bills. Actual proof.

Being injured on a business property does not automatically make the business responsible, and even if they are, only a judge can actually make them pay anything. The burden of proof will be on you. I have seen it go both ways-where the injured party was a fault and got nothing, and where the injured party was at fault and got money for damages.

I would suggest that you have your lawyer send a letter asking for damages, specifying how much. See what happens.

 

[Pete99004]

Sir - my wife manages a number of commercial properties. All of her companies carry insurance for these types of accidents. Your auto dealer should have "Premise Medical" for these types of incidents which would cover your situation.

It is possible that the dealer is "self insured" up to a certain dollar amount and has no coverage for these smaller incidents, so he is trying to get you to cover this yourself through your insurance company or Medicare so he doesn't have to pay it out of pocket. If I were in your position, I would call my medical care provider and ask them if this bill shouldn't be sent to "XYZ Car Dealer" so he can turn it in to his Premise Medical Provider. They may take the ball and run with it for you.

If not, you may need to inform your dealer that you are getting an attorney and then he can not only pay your total medical expenses but your attorney's bill as well, then let him deal with the attorney. That alone may cause him to reconsider and pay your expenses. You may need to contact an attorney to get some satisfaction, but if he changes his mind and decides to pay out I would not sign any release of liability that he may offer you until you are quite sure no more medical expenses will come of this accident.

Hope your wife is feeling better and I'm hopeful for her total recovery. Don't allow this dealer to get away with this, he is responsible for accidents that happen on his property.

Good luck Sir.

Pete

 

[Kelly Green]

Sounds like you need to find another dealership. As 65kaiser stated, they have to carry liability. Insurance carriers will do whatever they can to avoid payout. You may have to end up getting a lawyer.

 

[moosedog]

Good advice from 65 Kaiser. Make sure you document everything. Date and time, names, etc.
They are insured. The service guy has a boss. Demand to talk to him, if not then the owner, if not just keep going up the ladder. The manager may be trying to cover his own butt for some reason.

 

[CAJUNLAWYER]

They have to carry liability insurance just for situations like this! Demand they give you the name of their insurance carrier and if they don't, go to the Mother Corp. Ford GM etc.

Uh...no they don't. As far as I know there is no law requiring anyone to carry liability insurance (except for automobile)

It depends. Was the piece you tripped on installed improperly?. Was it an obvious hazard? Have others tripped on it?
They have insurance to protect themselves, not you. If you believe you have a claim, you can either try small claims court or a lawyer. Often, a letter from a lawyer will convince a small business to pay rather than fight, even if they are not legally libel for any damages.
If you use small claims court, they will have to use a lawyer to defend themselves. You will have to prove they were at fault somehow. Photos, statements from witnesses, doctor bills.

Being injured on a business property does not automatically make the business responsible, and even if they are, only a judge can actually make them pay anything. The burden of proof will be on you.

Just because your wife fell does not mean it is the dealership's fault.
Slip and fall cases are so hard to establish liability that most lawyers will not take them unless the injuries are catastrophic. Be prepared to hire experts to measure rises, dips co-efficents of friction, etc. Also most states have other liability hurdles to clear.
My advice-if you think you're getting jerked around go see a local lawyer who can assess your case using local law.'Good luck

 

[65kaiser]

Uh...no they don't. As far as I know there is no law requiring anyone to carry liability insurance (except for automobile)



Just because your wife fell does not mean it is the dealership's fault.
Slip and fall cases are so hard to establish liability that most lawyers will not take them unless the injuries are catastrophic. Be prepared to hire experts to measure rises, dips co-efficents of friction, etc. Also most states have other liability hurdles to clear.
My advice-if you think you're getting jerked around go see a local lawyer who can assess your case using local law.'Good luck

Uh, I doubt any automaker would allow one of their dealerships to operate without liability insurance! I have to have liability insurance for my business, it is required by the state.

 

[johnsonl]

Get an attorney. A few phone calls and a terse letter should produce the desired results.

 

[Gunslinger808]

As johnsonl said:
Lawyer up!

 

[dmar]

Time to call the law firm of Dewey, Screwum, and Howe! I hope your wife is feeling better, and recovers quickly...

 

[MO_mule]

Time to call the law firm of Dewey, Screwum, and Howe! I hope your wife is feeling better, and recovers quickly...

dmar:

We have a competing outfit here: Dewey, Cheatham, and Howe. Small world, isn't it?

JamesArthur60:

I hope your missus' foot feels better soon. There are a lot of bones in the human foot and they're all small! Maybe the dealer figures it is easier/more efficient to pay the bills rather than involve the insurer (and end up with a hefty rise in the premium). It makes good business sense to keep loyal customers (who usually refer friends and relatives to the same business).

Chris

 

[gregintenn]

I'm probably not going to have a very popular view on this, but here it goes: What ever happened to personal responsibility? If I tripped at a business and broke something, I have medical insurance to cover it. If I didn't, I'd cover it myself. The sort of mentality seen in this thread, where everyone's first thought is to "lawyer up" is going to be the death of this country.

I'm sorry to hear about your wife, but for the life of me, I can't see why anyone but her should be responsible for the accident. Here's hoping she heals quickly.

 

[Austerity]

I don't mean to be rude but that doesn't entitle you to free money. Not unless the building was unsafe or in need of repair.

 

[Austerity]

I'm probably not going to have a very popular view on this, but here it goes: What ever happened to personal responsibility? If I tripped at a business and broke something, I have medical insurance to cover it. If I didn't, I'd cover it myself. The sort of mentality seen in this thread, where everyone's first thought is to "lawyer up" is going to be the death of this country.

I'm sorry to hear about your wife, but for the life of me, I can't see why anyone but her should be responsible for the accident. Here's hoping she heals quickly.

You beat me to it.

 

[DeathGrip]

My local K-Mart is going out of business and selling everything on the cheep. So I went there yesterday. I went through the garden center as usual.

I tripped and got a stubby toe in the sports section.

Do I have a case?

I don't FEEL like I can ever work again.

I hope your dealership survives this.

I'm just funning and hope you can resolve this if it is their fault.

I'm all over the place on this one.

 

[gregintenn]

If you trip and fall at church, do you sue Jesus?

 

[Marshwheeling]

Talk to a lawyer. He can assess the case and decide if it is worth pursuing. Slip-and-falls can be problematic, buT I have made some money, and never lost one. If the lawyer will take the case, he should do it on a contingent basis, which means no recovery, no fee. If it is worth taking, it will probably settle without a trial.

 

[9c1 lover]

im not even reading the rest of the responses other than the op's post.

I cant stand this sue happy country i live in.


WATCH WHERE YOU WALK AND WHAT YOU DO!


simple really.


the country is in a sad state and it sickens me when i read about this stuff. oyur wife fell, next time be more careful, in other words dont sue me when you cant walk and chew gum at the same time.


really dont care if i hurt your feelings, what you are doing is a part of what is wrong in this country.



good luck, hope they dont pay a dime though.