medical expenses

[schneidl]

Recently I fell on a property other than my own. I had went to the property to look at some items posted on Craig's List. I fell on their sidewalk and sustained injuries.

I ended up in the emergency room. No fractures! I had changed my insurance to a High Deductable plan with an out of pocket expense of $1500.00.

I asked the people at the resident if they were insured and they had their agent call me. I was told they had $1000.00 medical expense on their homeowners. Also, I was advised by their insurance to not hire an attorney because the MI supreme court no longer hears cases regarding slip and falls in MI related to the weather.

My question is, I met the $1500 deductable in the Emergency room,their insurance will reimburse $1000. The people are unwilling to pay any additional towards my medical costs.

Would this be something I should take to small claims court. The medical payment does not determine liability like a slip/fall property liability case. Or do I suck it up? Your thoughts appreciated.

[Joan.of.the.Arch]

Oh, very sorry you were hurt. Hope you are on the mend. I picked up a Craigslist purchase yesterday myself, but met at a public place, so there would be no homeowner to sue in the case of slipping. The ice and snow was, of course, immaculately cleared from the public walks and parking lot, thank goodness.

From what I've heard happen to other people, I think you might win in court. But the judge might also say that you are 30, 40, 50 75, 80, 95 or what ever percent responsible since you put yourself in that place at that time. So maybe the judge would deduct a similar percentage from the award. Then there is the problem of collecting, regardless of the size of the award.

I do not see what a state supreme court not taking on slip'n'fall cases has anything to do with your problem or the insurance company. Presumably that is not where a case would go anyway. Sounds like the insurance company wanted to discourage you.

[snafu]

Sorry you were injured, how frustrating that must have been. Was there something the property owners had done that created a danger? What percentage of the cost was diagnostic? What percentage was treatment at ER? I wouldn't go to lawyer on contingency. If it doesn't affect the insurance pay-out I'd check costs for going to small claims court, including the costs of serving papers. Will your home insurance advocate or intercede on your behalf? If all fails, I'd try and negotiate the costs with the hospital. Check their itemized bill carefully. Did they do everything listed? Hospitals are notorious for billing errors.

[Retired To Win]

IF you win in small claims court, you'll just get $500. And that's theoretical because you would still have to find a way to collect the judgment. It just might not be worth all the stomach churn.

I once took someone to small claims court over a similar amount. I won by default because the other party was a no-show. But of course, I had no way to collect. I chucked it. Several years later, out of the blue I got a check from the people I had sued. And here's why: they were applying for a mortgage and my court judgment was fouling up their credit report.

So... go with what will make you feel good.