My 5 year old son broke his arm, just above the elbow while jumping off a "log" playset at McDonalds. We filed a report at the restaurant, and left.
Insurance through my job is covering 80% of some, and 50% of other fees, and I owe a $1,000 deductible.
I am NOT one of those parents trying to make a buck out of this, but I am not sure if I should do anything about McD's especially since I would hate to think another kid might get injured there.
Oh the other side, (financial) my son needs surgery, and I don't know what, if anything I should do (I am not rich, so I'll have to charge it all on Ccard).
I looked up on the web and found nothing informational as to what steps I needed to take in a situation like this.
Like I said, I filed a report with them, at the restaurant and that was it.
But I wonder how anyone can make MacD's at least verify to what extent they can be responsible, or how their insurance can help the situation at least to a degree
ANY SUGGESTIONS???
2007-12-26 07:15:56 · 8 answers · asked by veryintrigued 2 in Business & Finance ➔ Insurance
OK, basically, they aren't at ALL legally responsible, until & unless you sue them in court.
Realistically, are you saying that all the playlands should be taken out of all the McDonalds? Every one I've been in, says the kids can't climb on the outsides, shouldn't jump, and that parents need to supervise. Clearly, at least one of these "rules" was broken.
You're going to have to sue them. They are not going to "voluntarily" come up and offer to pay anything - they can't. Their insurer would have a fit (and yes, they all have different insurers, as McDonalds is a FRANCHISE).
Keep in mind, any money you get from McDonalds, goes to pay back your health insurer FIRST. And any lawyer you hire, is going to want 30% of the claim. If you can't get a lawyer to take this on contingency, it's because either you don't have a strong case, or it's not going to be worth their while.
If you REALLY don't want to do the lawyer/sue thing, you can just write them a letter, and ask if they'll pay your deductible and copays. Don't be surprised if they don't respond, though - they get about 25 "claims" a month for each store - most of which they aren't really liable for. Keep in mind, the store has to have done something to CAUSE the accident - just the fact that it happened on premises, does NOT automatically make them fully responsible for everything.
2007-12-26 08:40:15 · answer #1 · answered by Anonymous 7 · 3⤊ 2⤋
Well, it doesn't sound like you want to take McDonald's "to the cleaners" so an ambulance-chasing attorney probably isn't what you need. I would talk to the manager at McDonald's and find out if they are going to pay the $1,000 deductible, plus any other out of pocket expenses. Tell them right up front that you expect surgery for your son and that there will be expenses incurred from that also. If they are agreeable to pay, I think that is what you are going for. However, if they give you a hard time and want to just write the whole incident off without paying you what you are owed....then you better search out a VERY good accident attorney.
2007-12-26 07:26:39 · answer #2 · answered by Grandma of 2 5 · 2⤊ 0⤋
Your best bet is to contact a reputable personal injury lawyer. From there you may want to find out how many other children have been injured at that particular Mcdonald's while playing on their playground equipment. McDonald's may be held liable especially if no attendent/employment was monitoring the playground or if there were no warning signs posted. Example: It could be determined that the equipment used by McDonald's has an unsafe design which can lead to injury or even death. You would need a lawyer to determined the extent.
Click this link: http://library.findlaw.com/2000/Jul/1/129627.html
Good luck and I wish your son a fast speedy recovery !
2007-12-26 07:30:54 · answer #3 · answered by Phade3 7 · 2⤊ 1⤋
You should be able to get some money from the "medical payments" portion of their general liability business policy. It should be a slam dunk. Just get a hold of the manager and send them a bill for the charges and request that amount from MCD. If they don't comply. Have a lawyer sit down and write a letter for you requesting the money. Also request the attorneys fees be paid, since you gave them the opportunity to comply before and they didn't.
Jared Balis
http://www.utahinsurance.org
http://www.myinsurancequotes.net
2007-12-26 18:30:49 · answer #4 · answered by Anonymous · 0⤊ 1⤋
A number of years ago my daughter fell and had to go to the emergency room. The McD manager was very helpful and insisted upon filing a claim. They paid 100% of the medical expenses. I suggest a call to the manager to confirm that a claim was filed. If you don't receive an immediate positive response send a letter requesting that a claim be filed. Send it certified, return receipt and keep a copy. If your total out of pocket expense is less than 5,000 (in most jurisdictions) you can take them to small claims court. Easy to file and inexpensive. Hopefully, it won't get to that.
2007-12-26 07:20:28 · answer #5 · answered by jwishz 7 · 8⤊ 0⤋
McDonalds is insured and their insurance should be covering it. It is a business expense for them as liability insurance is required for just about any business you can think of. You dont have to sue them or even get froggy with them about a potential suit.
Contact their corporate office and send a copy of your complaint to their corporate offices and tell them you expect your son"s (my apostrophe key is broken) medical expenses and subsequent surgery.
The worst they are going to say is no, and they most likely will say yes. You DONT have to sue them or hire an attorney to submit your bills and claims to their insurance agency.
If McDonalds flat refuses to cover the expenses, and youre not willing to take them to court, dont stress over the medical bills. I am not suggesting that you not pay them, I am just reminding you that you dont have to pay for any medical expenses with your credit card, nor should you. That is an excellent way to ruin your life. Instead, have them send you the bills and you can LEGALLY pay as little as 5% a month of the total bill and not get any collections against you. Also, medical bills cannot be held against your credit, so to speak, because it is not a revolving credit account-type thing.
Really, though, McDonalds is liable if someone is injured on their premises and they have insurance to cover it. They do not have to admit wrongdoing because its not their fault that your son fell unless he slipped in water, got tangled up in something that shouldnt have been there, etc.
Get a copy of your complaint or report, fax a copy to their corporate offices with a nicely worded letter. They most likely will take care of it right away without getting froggy with you as they dont want or need any bad press, and the thought of a multi-million dollar lawsuit versus a small settlement for medical bills is much preferred. Dont volunteer that you have no intention of suing them.
And just so there is no confusion, I am NOT a lawyer, and I am NOT giving you legal advice.
2007-12-26 16:41:10 · answer #6 · answered by Rebecca 7 · 1⤊ 1⤋
I would get the corporate contact info from the Mgr and go from there at least ask them to pay for the surgery and other costs, if it was a faulty or dangerous playground they should be held liable, but if you kid was doing something he was not supposed to be doing then you are SOL. good luck
2007-12-26 07:21:43 · answer #7 · answered by Anonymous · 2⤊ 0⤋
touch the corporate selection to McDonald's and talk with somebody there. they in all hazard are not to blame for something, regrettably through fact their kit is used on a danger foundation. They actually have a demonstration announcing no longer to blame for injuries that accrue from employing kit. yet like I pronounced touch company and notice in the event that they are keen to shield scientific expenditures that your insurance won't pay. you have got the potential to get them to so they could keep away from any extra action on your section. you are able to constantly get a consultation from an lawyer to work out what you're entitled. i could in no way sue through fact then it could impression the provision of play kit interior the destiny, yet i could see in the event that they could help pay scientific. yet i could flow back to the play place and notice if their is a published sign that reads that they are not to blame for injuries through fact there in all hazard is. It grew to become into an coincidence and youngsters get injury even under the excellent of situations. you does not choose somebody coming on your place and then suing you through fact they have been given injury whilst they slipped on your kitchen. (it happens, I actual have insurance to disguise it) Your youngster have been given injury enjoying and it extremely is undesirable that he has to have surgical technique yet till the play kit grew to become into risky i do no longer think of you have the different option than to consume the expenses. yet touch company and locate out. stable success and that i'm hoping your son receives greater advantageous quickly!
2016-10-19 23:49:23 · answer #8 · answered by ? 4 · 0⤊ 0⤋