Slip and Fall - What Happens Next?

[sw7]

What is the name of your state (only U.S. law)? Virginia

On 16 January I tripped on an uneven paving stone on a common element area of my condo. Initially I didn't think there was much damage other than "messed up" knees, but I did report it to the management office straight away, and my knee injuries was witnessed by the condo office manager. Two days later I had ankle pain severe enough to send me to the local ER. I was DX with a sprain significant enough to be in a plaster splint for one week, and, subsequent, a removable cast (which I still wearing).

To date, I have not been contacted by anyone from the condo's insurance company, although I know a claim has been filed (I've lived here for a number of years and am on friendly terms with the management and engineering staff). The condo manager gave me the claim number and contact details and suggested I contact them. Against my better judgement I did, but simply left a voice mail (almost one week ago). I have still not been contacted by anyone.

I have no desire to contact them again, give any statement, or anything else, but I am not sure what I should do at this point. Should I write a letter to the condo association giving them a time limit to have someone contact me about the claim? Perhaps they're delaying because the paving stone(s) in question have been an issue before? I don't have photos, but if memory serves, the issue was even mentioned in a condo association newsletter some months back.

Any advice is much appreciated. law)?

 

[ecmst12]

If you want to drop it, you certainly can. If you want even a chance for your medical bills to be paid or to get any other compensation, you are probably going to have to be a bit more aggressive. If you're not comfortable with that, hire a lawyer. They are most likely not going to chase you down to give you money.

 

[HomeGuru]

What is the name of your state (only U.S. law)? Virginia

On 16 January I tripped on an uneven paving stone on a common element area of my condo. Initially I didn't think there was much damage other than "messed up" knees, but I did report it to the management office straight away, and my knee injuries was witnessed by the condo office manager. Two days later I had ankle pain severe enough to send me to the local ER. I was DX with a sprain significant enough to be in a plaster splint for one week, and, subsequent, a removable cast (which I still wearing).

To date, I have not been contacted by anyone from the condo's insurance company, although I know a claim has been filed (I've lived here for a number of years and am on friendly terms with the management and engineering staff). The condo manager gave me the claim number and contact details and suggested I contact them. Against my better judgement I did, but simply left a voice mail (almost one week ago). I have still not been contacted by anyone.

I have no desire to contact them again, give any statement, or anything else, but I am not sure what I should do at this point. Should I write a letter to the condo association giving them a time limit to have someone contact me about the claim? Perhaps they're delaying because the paving stone(s) in question have been an issue before? I don't have photos, but if memory serves, the issue was even mentioned in a condo association newsletter some months back.

Any advice is much appreciated. law)?

**A: are you out any monies? Do you have health insurance that would pay for the medical bills? What are you trying to ask for?

 

[tranquility]

While third-party bad faith issues are rarely successful, complaints to the department of insurance (Whatever it's called in VA.) WILL get a response.

Since you are just a week out from the notification, you are not there yet. At some point they have failed in their duty to respond, even if it is to deny the claim. An official complaint will have to be answered, in writing, withing a statutory time frame if the Agency demands it from the company.

Wait another week. If they haven't called by then, call back and leave your story on the calls and mention you will have to "explore" the legal remedies available for bad faith--including reporting to the state. If they don't reply in two weeks, report them.

 

[sw7]

**A: are you out any monies? Do you have health insurance that would pay for the medical bills? What are you trying to ask for?

Fortunately, I have fairly good health insurance, but what I'm looking for is the co-pays, the cost of the cast (expensive, and I had to eat it because of the deductable), medicines, taxi fares to and from doctor's, delivery charges for groceries; basically any expenxe I would not have incurred if this had not happened. Not a great deal of money, but it's adding up.

 

[sw7]

While third-party bad faith issues are rarely successful, complaints to the department of insurance (Whatever it's called in VA.) WILL get a response.

Wait another week**************.

Many thanks for that information; if I don't hear from the insurers, i certainly will.

 

[HomeGuru]

Fortunately, I have fairly good health insurance, but what I'm looking for is the co-pays, the cost of the cast (expensive, and I had to eat it because of the deductable), medicines, taxi fares to and from doctor's, delivery charges for groceries; basically any expenxe I would not have incurred if this had not happened. Not a great deal of money, but it's adding up.

**A: have your insurance company contact the HOA as it appears that you have a claim.