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Jean B | Fell on hotel parking lot.they say only1000 available for medical-gone over &more needed? |
insurance said because hotel didn't know about oil on parking lot they are not liabible? that was in Mo. Broke arm and glasses & still numbness in thumb and wrist pain after 3 mo |
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bbumple
 |
The $1000 they are telling you about is their medical payments coverage, which pays for medical bills related to an incident that occured on their premises. This coverage is provided regardless of fault as long as the incident occurred on the insured premises. Once this coverage is exhausted your next step is to pursue a liability claim with the businesses insurance company. A lawyer can be helpful, just remember that if you get any settlement 33% will go to your lawyer.
As for the liability on this issue, I think you have a very slim chance of proving that the hotel is responsible for your fall. In this type of situation you are relying upon what is known as constructive notice, this means the hotel should have noticed the spill and done something about. Put yourself in their shoes, if you owned that business would you have inspected the parking lot and cleaned up any oil spills? Would you have even seen them? Do these oil spills pose a danger to the invitees? These are all questions that will be asked by a good insurance adjuster who is handling a claim like this.. |
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mkulda
|
They are being a bit deceitful.
There is only $1000 available for medical payments coverage under their insurance policy.
But the policy limit from their insurance policy does not limit what they owe you if you are hurt.
You need to send the hotel's manager copies of all of your medical bills. Politely ask them to pay it.
Be persistent.
If they refuse, THEN hire an attorney.
You should give the hotel the chance to make good.
Their lack of knowledge of the oil in the parking lot does NOT absolve them of the liability for not having it cleaned up.
They know this but they are trying to make you go away.
Be polite and persistent.
Tell them that you will go away, if they pay all of your medical bills.
If they don't, your attorney will also likely want to go for 'pain and suffering', but the only real reason for that is because your attorney gets paid with a percentage of your settlement/judgment and the higher it is, the more the attorney gets. |
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mbrcatz
 |
well, that's the opinion of the insurance company. Medical payments is usually $500 or $1,000, so I believe that.
If you think they ARE negligent, you'll have to start a lawsuit. Contact an attorney. See if they'll take the case on a contingency basis. If they won't, you probably don't have much of a case. |
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Catspaw
 |
Negligence is tricky here. It's up to you to prove that they should have known about it. They weren't negligent if there was no way they could have known, and made regular patrols around looking for hazards.
If the spill just happened, there's no way they could have known, so you have to prove that it had been there a while and they ignored it. If they had prior incidents with that exact issue, this will also help you to prove negligence.
You also have to prove that even though they should have seen it, there was no way YOU could have seen it before slipping in it. Like I said - very tricky. There's no payoff for stepping into an open and obvious hazard.
If you fell getting out of your car, your PIP or med pay on your car insurance may cover some of it. |
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shadow_runnr
 |
They may be referencing a portion of the policy that allows for payment of medical (regardless of fault or negligence) to an injured party.
If your treatment costs are more than the no fault medical payments would cover, then you need to look at other options as suggested in some of the other posts. |
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cyanne2ak
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That is correct. In the state of Missouri they are NOT liable in that instance. |
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BoomChikkaBoom
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You need a personal injury lawyer. |
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ThePartyGirlPrincess
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get a lawyer asap! Good Luck! |
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Gothic Martha™
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You need a lawyer, you better believe they are to liable! It is neglect on their part for not knowing! |
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