The shopping cart got ahold of a suitcase on the top shelf. When I spoke to the corporate office, they stated that they were waiting on the medical bill. I faxed that over to them. They waited for a month, when of course my insurance footed the bill for the emergency room. Now the company does not want to pay the full bill, they only want to reimburse the deductible. I guess my problem is that they waited a month, when my insurance paid the bill from my account, so they would only have to pay my out of pocket cost. Is that legal? It just does not seem fair or ethical.
2006-09-18 12:05:22 · 12 answers · asked by numanye 1 in Politics & Government ➔ Law & Ethics
Of course they do not want to pay!!! Doing so would admit guilt and liability on their part for the future, should your child have further complications.
You absolutely MUST contact an Attorney!!! Do this first thing in the morning!!
There are Contingency Lawyers who would gladly take this case for free, and you would only pay them if you win a settlement.
In the meantime, do NOT have any further contact with this store or their insurance carrier, and do NOT sign anything they may send you.
Your child had obvious pain and suffering, and may need future medical care. As her Parent, you must protect her rights, and the first step is by seeking legal assistance since the store has not been willing to consider your injury as being of any importance to them Your insurance coverage is regardless!!
Good Luck!!
2006-09-18 12:22:31 · answer #1 · answered by Anonymous · 0⤊ 1⤋
I'd hire a lawyer on a contingency fee basis to see what you are exactly entitled to by law. I agree with you that merely reimbursing the deductible seems unfair as well as unethical. I would think your daughter should be entitled to pain and suffering damages as well. Plus, I would think some punitive damages to the store for poorly arranging their merchandise and making shopping a hazard. Again, only an attorney can really help you... and they will usually hold an initial meeting for free. However, I recommend sending a form letter describing what happened to at least five local attorneys... see if any of them want your case. Good luck.
2006-09-18 12:17:12 · answer #2 · answered by Mike S 7 · 1⤊ 1⤋
They want to make you whole. This means reimbursing you for your damage.
The insurance company already covered part of the damage and the company will cover the remainder.
Exactly HOW is this unfair or unethical?
Do you believe you have a right to PROFIT from the injury of your child?
I can see the "sue them!" answers now. That's the American way, yes, go for the deepest pockets; get as much as you can for free even if you aren't entitiled to it. This attitude makes me ashamed of the US culture.
2006-09-18 12:11:48 · answer #3 · answered by Anonymous · 2⤊ 1⤋
Call your insurance company and tell them you are thinking of suing the store. Go consult an attorney. The store is responsible for full reimbursement. Make'em pay $$$$$$$$$$$
2006-09-18 12:17:45 · answer #4 · answered by S.A.M. Gunner 7212 6 · 1⤊ 1⤋
Now you know why we have lawyers,who is paying your medical insurance,you are, not the store,and now it will go up in price because of the injury.Do you think this is fair,it's not to late get help.
2006-09-18 12:18:57 · answer #5 · answered by kman1830 5 · 0⤊ 1⤋
Whether it is fair or ethical is immaterial. The only thing that matters legally is whether it was legal or not. It could be the most unfair thing in the world, but if it was legal, you're out of luck.
2006-09-18 12:11:58 · answer #6 · answered by Anonymous · 0⤊ 0⤋
The only way your going to get what you should is if you get a lawyer. Get one now, looks like you wouldn't need a very good one either. You will win the case, it will take time, but you will win. Don't settle for their first offer, either, they are obviously trying to screw you.
2006-09-18 12:15:40 · answer #7 · answered by Anonymous · 0⤊ 0⤋
your insurance company will go after their insurance company for the rest of the money if it is a big amount. if the stores insurance paid you for the whole thing then your insurance would come after you for reimbursement!
2006-09-18 12:10:50 · answer #8 · answered by george 2 6 · 0⤊ 1⤋
its not fair but it is legal your insurance paid so you only get what your out of pocket you can sue under civil court for pain and suffering
2006-09-18 12:08:12 · answer #9 · answered by cameron b 4 · 3⤊ 1⤋
get a lawyer or at least tell them you have a lawyer and tell them that you want the full bill and a small amount for grievances
2006-09-18 12:10:45 · answer #10 · answered by legionmober 2 · 1⤊ 1⤋