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Has anyone filed an insurance claim before?

Posted by on Jan. 18, 2010 at 10:07 AM
  • 22 Replies

Last week, I fell at my son's daycare on ice they failed to put salt on. I subluxated my hip, I've lost three days of work (I just now tried to go in and they said, affectionately, that I'd be 'tits on a boy'... you know, useless lol). I'm in serious pain and all I've got is advil. Not even TOUCHING the pain. My back is effed up. I'm holding back tears all the time because it feels like someone poured boiling water in my hip joint.

So, I'm filing a claim for time lost at work, my medical bills, and I'm hoping for (but not expecting) pain and suffering. Has anyone done this before? What was the outcome?

by on Jan. 18, 2010 at 10:07 AM
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Replies (1-10):
lyranightshade
by on Jan. 18, 2010 at 10:12 AM

Bump! What can I expect? What was your outcome, if you've done this before?

haileysmom2833
by on Jan. 18, 2010 at 10:13 AM

Sorry, I have never had anything like this happen before.  Did you talk to the daycare to see if they will pay your medical? 

elle7777
by Gold Member on Jan. 18, 2010 at 10:15 AM

IDK. Do you have insurance? If so I would just go in. Its not worth the pain. I fell in front of a store front and fractured my hip through some freak landing. I was a sahm mom so I wasn't "out of work", but I was on crutches for a month. I didn't sue because it was my own fault.  I know business carry some sort of insurance though.

Tea4Tas
by on Jan. 18, 2010 at 10:18 AM


Quoting lyranightshade:

Last week, I fell at my son's daycare on ice they failed to put salt on. I subluxated my hip, I've lost three days of work (I just now tried to go in and they said, affectionately, that I'd be 'tits on a boy'... you know, useless lol). I'm in serious pain and all I've got is advil. Not even TOUCHING the pain. My back is effed up. I'm holding back tears all the time because it feels like someone poured boiling water in my hip joint.

So, I'm filing a claim for time lost at work, my medical bills, and I'm hoping for (but not expecting) pain and suffering. Has anyone done this before? What was the outcome?

Any witnesses? What was the weather outside, and when had it last rained or snowed?

What were you wearing on your feet?

ALL of these things go into the claim.  We had someone fall outside of a building I worked at. It had snowed the day prior, it had been cleared, it had re-frozen overnight, and it was 15 minutes after we opened. She was wearing pumps.

It took 3 years before our insurer paid her medical bills. 3 people saw her fall. She never DID get her time off work paid. The arbitratier determined her wearing unsuitable footwear made the accident partially her fault.

Cases like this depend on a variety of things. And witnesses are helpful. Ones who will actually take the time to go to a couple of deposistions.

lyranightshade
by on Jan. 18, 2010 at 10:21 AM

The roads were all icey, and I was wearing non-slip shoes (where I work, I NEED them.. I'm a kennel tech for now). About four or five people saw me go down. The daycare had been open for over three hours at that point. Their entire parking lot (which is on a hill) was covered in ice. I talked to the daycare representative, I guess she was, and said she'd talk to her liability insurance guy and give me a call back. I have no insurance. I just can't afford to pay my medical bills. Because of my lack of insurance, they only gave me pain meds for a day and a half. I'm stuck with advil and it's not even touching the pain.

Quoting Tea4Tas:

 

Quoting lyranightshade:

Last week, I fell at my son's daycare on ice they failed to put salt on. I subluxated my hip, I've lost three days of work (I just now tried to go in and they said, affectionately, that I'd be 'tits on a boy'... you know, useless lol). I'm in serious pain and all I've got is advil. Not even TOUCHING the pain. My back is effed up. I'm holding back tears all the time because it feels like someone poured boiling water in my hip joint.

So, I'm filing a claim for time lost at work, my medical bills, and I'm hoping for (but not expecting) pain and suffering. Has anyone done this before? What was the outcome?

Any witnesses? What was the weather outside, and when had it last rained or snowed?

What were you wearing on your feet?

ALL of these things go into the claim.  We had someone fall outside of a building I worked at. It had snowed the day prior, it had been cleared, it had re-frozen overnight, and it was 15 minutes after we opened. She was wearing pumps.

It took 3 years before our insurer paid her medical bills. 3 people saw her fall. She never DID get her time off work paid. The arbitratier determined her wearing unsuitable footwear made the accident partially her fault.

Cases like this depend on a variety of things. And witnesses are helpful. Ones who will actually take the time to go to a couple of deposistions.


lyranightshade
by on Jan. 18, 2010 at 10:23 AM

I work for a small business and they can't afford to give their employees insurance.. so that's a no-go. The er stay is outrageous. I can either pay it or eat, pay my rent, my daycare, my internet/cable/phone, my car insurance, etc. Because it's more than three months bills, TOTAL.

Quoting elle7777:

IDK. Do you have insurance? If so I would just go in. Its not worth the pain. I fell in front of a store front and fractured my hip through some freak landing. I was a sahm mom so I wasn't "out of work", but I was on crutches for a month. I didn't sue because it was my own fault.  I know business carry some sort of insurance though.


ERNAProud
by on Jan. 18, 2010 at 10:26 AM

I would call the daycare and tell them what happened. Let them know that you are in serious pain. They may even offer to pay your medical bills so they don't have to file a claim.

I think you need x-rays just to make sure everything is ok.

They have to give you their insurance information, I think.

Remember Malcolm in the Middle?  THATS what kind of a mom *I* am! 

Tea4Tas
by on Jan. 18, 2010 at 10:27 AM


Quoting lyranightshade:

The roads were all icey, and I was wearing non-slip shoes (where I work, I NEED them.. I'm a kennel tech for now). About four or five people saw me go down. The daycare had been open for over three hours at that point. Their entire parking lot (which is on a hill) was covered in ice. I talked to the daycare representative, I guess she was, and said she'd talk to her liability insurance guy and give me a call back. I have no insurance. I just can't afford to pay my medical bills. Because of my lack of insurance, they only gave me pain meds for a day and a half. I'm stuck with advil and it's not even touching the pain.

Quoting Tea4Tas:

 

Quoting lyranightshade:

Last week, I fell at my son's daycare on ice they failed to put salt on. I subluxated my hip, I've lost three days of work (I just now tried to go in and they said, affectionately, that I'd be 'tits on a boy'... you know, useless lol). I'm in serious pain and all I've got is advil. Not even TOUCHING the pain. My back is effed up. I'm holding back tears all the time because it feels like someone poured boiling water in my hip joint.

So, I'm filing a claim for time lost at work, my medical bills, and I'm hoping for (but not expecting) pain and suffering. Has anyone done this before? What was the outcome?

Any witnesses? What was the weather outside, and when had it last rained or snowed?

What were you wearing on your feet?

ALL of these things go into the claim.  We had someone fall outside of a building I worked at. It had snowed the day prior, it had been cleared, it had re-frozen overnight, and it was 15 minutes after we opened. She was wearing pumps.

It took 3 years before our insurer paid her medical bills. 3 people saw her fall. She never DID get her time off work paid. The arbitratier determined her wearing unsuitable footwear made the accident partially her fault.

Cases like this depend on a variety of things. And witnesses are helpful. Ones who will actually take the time to go to a couple of deposistions.

 


So you knew it was icy right? Your best bet , IMO is to get the insurance company to pay your bills and time out of work.  If you go for pain and suffering, it will need to go to court or arbitration. You will need to go to deposistions. There isn't necessarily any negligence, because everything was still icy.

Do you have the names and contact info for the people who saw you fall? And do you think they would take the time to go to  a couple of 2 or 3 hours worth of deposistions?

I once witnessed a motorcycle accident, and all told, I was out of pocket $120 for babysitters, and spent over 12 hours in deposistions.  Next time I would just say I can't remember!

lyranightshade
by on Jan. 18, 2010 at 10:32 AM

Well, crap. Double crap. The roads were fine. I just assumed they would have salted the parking lot. All the people who saw me were daycare workers. I waved to them just before I fell. *facepalm* I do have a lawyer friend of mine that might do the court stuff for free, though. His wife and I are close. I don't know if they'd do the depos or not. Sheesh.. I didn't realize there'd be so many hoops to jump through. I just want me med bills paid and my time off work compensated since no one iced the parkinglot.

On a totally different note, I once had a 'friend' (a friends boyfriend that I put up with because I had to) who was drunk in a convience store, buying more beer. They'd mopped, forgotten to put up a wet floor sign and he fell and broke his leg. He got a HUGE settlement. He lived on it for three years. Even though I suspect he'd have fallen on a dry floor 'cause he was always falling-down-drunk.

Quoting Tea4Tas:

 

Quoting lyranightshade:

The roads were all icey, and I was wearing non-slip shoes (where I work, I NEED them.. I'm a kennel tech for now). About four or five people saw me go down. The daycare had been open for over three hours at that point. Their entire parking lot (which is on a hill) was covered in ice. I talked to the daycare representative, I guess she was, and said she'd talk to her liability insurance guy and give me a call back. I have no insurance. I just can't afford to pay my medical bills. Because of my lack of insurance, they only gave me pain meds for a day and a half. I'm stuck with advil and it's not even touching the pain.

Quoting Tea4Tas:

 

Quoting lyranightshade:

Last week, I fell at my son's daycare on ice they failed to put salt on. I subluxated my hip, I've lost three days of work (I just now tried to go in and they said, affectionately, that I'd be 'tits on a boy'... you know, useless lol). I'm in serious pain and all I've got is advil. Not even TOUCHING the pain. My back is effed up. I'm holding back tears all the time because it feels like someone poured boiling water in my hip joint.

So, I'm filing a claim for time lost at work, my medical bills, and I'm hoping for (but not expecting) pain and suffering. Has anyone done this before? What was the outcome?

Any witnesses? What was the weather outside, and when had it last rained or snowed?

What were you wearing on your feet?

ALL of these things go into the claim.  We had someone fall outside of a building I worked at. It had snowed the day prior, it had been cleared, it had re-frozen overnight, and it was 15 minutes after we opened. She was wearing pumps.

It took 3 years before our insurer paid her medical bills. 3 people saw her fall. She never DID get her time off work paid. The arbitratier determined her wearing unsuitable footwear made the accident partially her fault.

Cases like this depend on a variety of things. And witnesses are helpful. Ones who will actually take the time to go to a couple of deposistions.

 


So you knew it was icy right? Your best bet , IMO is to get the insurance company to pay your bills and time out of work.  If you go for pain and suffering, it will need to go to court or arbitration. You will need to go to deposistions. There isn't necessarily any negligence, because everything was still icy.

Do you have the names and contact info for the people who saw you fall? And do you think they would take the time to go to  a couple of 2 or 3 hours worth of deposistions?

I once witnessed a motorcycle accident, and all told, I was out of pocket $120 for babysitters, and spent over 12 hours in deposistions.  Next time I would just say I can't remember!


my4littlegirls
by on Jan. 18, 2010 at 10:38 AM

Some states have rules protecting companies when its cold.  Its like a common sense clause.  My friend knows because 3 yrs ago she fells in front of a resturant and really screwed up her neck then 3 weeks later she was rear ended and it screwed it up even more.  She is only getting $50,000 for the fall even though the state will protect the company saying if it is cold and wet out you should assume there is ice on the ground.  I guess I'm saying get checked out by a doctor because something major could be wrong and the x-rays and medical records will be a big help.  Thats the only thing that helped her case.

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