by Guest » Thu Sep 29, 2011 05:49 am
There is a free, local bus owned by my employer which the claimant uses.
She was either standing or rising from her seat before the driver had stopped the bus. When the driver turned a corner, she lost her balance and fell. She was going through a 3 day medical procedure at local hospital.
Because she stood before the bus stopped we see no liability on the part of the driver for her fall and injury.
Please advise if we can send a denial letter or offer the claimant her out-of-pocket costs in settlement.
She was either standing or rising from her seat before the driver had stopped the bus. When the driver turned a corner, she lost her balance and fell. She was going through a 3 day medical procedure at local hospital.
Because she stood before the bus stopped we see no liability on the part of the driver for her fall and injury.
Please advise if we can send a denial letter or offer the claimant her out-of-pocket costs in settlement.
Posted: Fri Sep 30, 2011 08:55 am Post Subject:
As far as I can tell you, is that most of the commercial insurance policies for buses cover medical bills only, regardless of fault.
So, regardless of the fact as to who was at fault, the insurance may cover the medical bills of the claimant.
I also think that covering the medical bills may simplify the matter and may restrict further claims of pain and suffering from the claimant’s side.
However, consult your insurer to know about the details of this issue.
Posted: Fri Sep 30, 2011 11:32 am Post Subject:
Please advise if we can send a denial letter or offer the claimant her out-of-pocket costs in settlement.
What would cost more: to pay the person's actual medical expenses or to pay her a multi-million dollar personal injury damage award because she "proved" in a civil trial that the bus driver was negligent in his operation of the vehicle?
Of course, you can always deny the claim and wait to be sued. If you aren't sued, then you won. If you are sued, who knows how much it will cost to make it go away, or what the outcome at trial would be?
When it comes to proving "fault", it's a matter of "he said-she said" and sometimes the best liar wins.
Flip a coin. Or consult your Magic 8 Ball.
Posted: Fri Sep 30, 2011 01:16 pm Post Subject:
Not really a good question. As mentioned, of course you can send a letter. You can do anything you want. Are you asking if something needs to be paid or if you _might_ have any liability? Now that is a different question.
Your company vehicle is probably required to carry auto insurance. Does your state have P.I.P. or Medical Payment coverage mandated? Is the vehicle's PIP/MP primary vs the injury person's PIP/MP? PIP/MP is coverage for medical expenses regardless of liability and is coverage that needs to be offered regardless of why the injury happened.
Can the driver being held liable? He could... we don't know exactly what happened. The passenger could claim that the bus was stopping so she stood up and then he slammed on the brakes. She could claim a host of things. Might be true... might not be. You see no liability as you only have one side of the story.
3 days in the hospital? That's a _serious_ injury! I'd recommend reporting the claim to the companies auto carrier and have them address it. As mentioned, an attorney for this injured person would will make a claim for $50k, $100k, $200k, etc (just because 0s are cheap). I'd expect that to happen.
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