Disney cruise injury

[bbel]

I feel you, I really do!

I worked there the over 3 years, I ultimately left because I got sick and it was made 100x worse thanks to medical centre. I didnt have insurance so couldn't make a claim (luckily I had the NHS once home so there wouldn't have been too much to claim). Looking back I could have sued but, by the time I was well enough (thanks to everything else, I suffered anxiety and depression and hardly left the house for months once home), it had been 1 year already.

I didn't want money though, the money won't take it all away. All I wanted was for Disney to accept responsibility or simply say "sorry".
But the company is too big for that. And it hurts, and I'm more annoyed that I let it ruin the memories of those 3 years for too long.

I hope, because you are a guest, you will get a better outcome than I did. Just don't raise your hopes to much or set your heart on even getting a response.

 

[PrincessShmoo]

I didnt have insurance

But, apparently, OP did have insurance. The problem is the policy wasn't read through as to how to process the insurance payments.

And the insurance ISN'T "Disney" insurance. Disney is just an agent for an insurance company. The insurance company is the one who would cover costs (as long as the "how to" is done correctly, and the damages are actually covered).

 

[Adventurelawyer]

As for the door. My husband and I just finished the track on deck 4. Near Muster O. There are two large glass doors that lead into the 2nd level of lobby Aft. He hit a button on outside to open door. He walked through. I followed as I was walking through the door shut in me. I was so stunned I froze. The door opened and closed on me again. It hit me in the shoulder hip and foot. At least that’s what hurt. There was a crew member who witnessed the episode. Don’t know if he was working near or on door. So far no one has provide d the incident report despite me requesting same. I guess I am naive and trusted Disney to play fair. No I was not aware of timelines of any kind. I don’t think my ask is unreasonable. My medical reimbursement under $1000. Plus I would like to retake this trip w 2 family members that were with me. Since it happened on first day. I really couldn’t take advantage of most of what shipped offered

Lol. You are wholey unreasonable in your demand to retake the trip. No. Just no. No wonder you aren’t getting anywhere. That’s unreasonable. Your bills, yes. If you rested on your rights, then that’s your fault. Honestly, no pass for not knowing the law of the sea, controls a ship at sea or asking an attorney. The lesson here, read your contracts, rather than just signing them. Contact an attorney on your return home from a trip that includes an injury to determine your rights and RESPONSIBILITIES. I can’t see how the contractual statute of limitations is anyone’s fault but your own here. Its a year and you couldn’t file a claimed? Any claim? Go get an attorney now to see if you can preserve any claim at all. There may still be something you can do, but please try to be realistic. You aren’t damaged an entire cruise plus guests on top of your physical injury.

Edited because stupid phone and stupid fat fingers. Wow.

 

[FigmentSpark]

I feel you, I really do!

I worked there the over 3 years, I ultimately left because I got sick and it was made 100x worse thanks to medical centre. I didnt have insurance so couldn't make a claim (luckily I had the NHS once home so there wouldn't have been too much to claim). Looking back I could have sued but, by the time I was well enough (thanks to everything else, I suffered anxiety and depression and hardly left the house for months once home), it had been 1 year already.

I didn't want money though, the money won't take it all away. All I wanted was for Disney to accept responsibility or simply say "sorry".
But the company is too big for that. And it hurts, and I'm more annoyed that I let it ruin the memories of those 3 years for too long.

I hope, because you are a guest, you will get a better outcome than I did. Just don't raise your hopes to much or set your heart on even getting a response.

I'm so sorry to hear that you had such a bad ending with them. Should we also take that as fair warning against using the medical center unless there is no other choice or was your experience because they were, in essence, your primary doctor for months at a time?

 

[DisneYE]

I guess I'm a little confused. If you were hurt on the ship (I'd need more information on a "faulty door" to decide if it was the door or you in the wrong), I find it hard to believe that anyone would be going through over a year of medical treatment before submitting their first payment claim against the travel insurance. As the bills were coming in, I would be submitting the claims. I would also have confirmed the level of benefit that the insurance would cover, if there were specific providers/network that they wanted to use, and if they wanted a diagnosis confirmed by their own doctor.

You are either an anti-Disney troll making up something here, or you are REALLY naïve as to how the real world works.

(and to @Jessicabr, companies don't typically "acknowledge they were wrong" in this age of litigation. And, we are not sure that they are actually in the wrong; we don't have enough information to make our conclusion.)

Yeah I'm with you on this.
"I was injured by a faulty door" made my eyes roll immediately.
I mean, c'mon. who TH gets injured by a faulty door? Not even a door at a Fort Knox vault can injure you unless it falls on top of you. While you're doing yoga beside it.
Troll alert imo.

 

[SuperDry]

I'm sorry to hear about the situation. Although some people have mentioned it indirectly, I think that most in this thread are mixing up two separate issues:

1. The claim against DCL for their alleged negligence (or whatever specific legal term is applicable in this situation). If DCL agrees that they are at fault, or if a court orders them to do so, then they will pay for the damages (such as medical bills). The DCL contract provides that all notice of the issue must be made within 6 months, and that the claims must be submitted within 1 year. There may also be international maritime law that governs such situations, which the DCL contract is almost certainly in compliance with. If responsible, then Disney would pay for the damages regardless of any insurance that was or was not in place.

2. The travel insurance. As others have stated, the DCL insurance is underwritten by an insurance company (AON in this case) and is just sold by DCL in their capacity as an insurance agent in this situation. The details of what's covered and how to make a claim are governed by the insurance contract and administered by AON or their designated agent, not Disney. Also, this is a real insurance policy that is filed with and regulated by the Insurance Commissioner or equivalent in whatever state the passenger lives in, and governed by the insurance laws and regulations of that state, not maritime law. The travel insurance would likely pay for the injuries whether or not Disney was negligent. Consider that one of the main reasons that people buy travel insurance is to cover medical expenses for accidents, even when there is no negligence involved. Someone earlier provided a link to this policy. It provides that notice of the loss must be provided to AON within 30 days of it happening. Nothing the OP has said indicates that they EVER have contacted or otherwise dealt with AON, let alone within 30 days of the incident.

It seems to me that the thing to have done would have been to file the claim against the travel insurance, as it would have paid regardless of who was at fault. If there was any notion that DCL was responsible for the injury, then that would have been between AON and DCL to work out, and AON probably would have been on top of the OP to provide any necessary details to support a negligence claim.

At the very least, it seems to me that the OP should contact AON and see what they say. If not satisfied with the answer, then the follow-up to that is with their state's insurance commission, although if the basis of denial of a claim was that the terms of the policy were not followed, there's probably not much that will happen.

 

[bbel]

But, apparently, OP did have insurance. The problem is the policy wasn't read through as to how to process the insurance payments.

And the insurance ISN'T "Disney" insurance. Disney is just an agent for an insurance company. The insurance company is the one who would cover costs (as long as the "how to" is done correctly, and the damages are actually covered).

I know they did. That's why I stated they didn't.

I also get the the insurance isn't with Disney (I've read the whole thread), which is why I went on to say that I get that sometimes you just want a company to acknowledge what happened, not just get money or insurance out of them.
Did you read my whole post or just pick out literally half a sentence? Please dont try and twist my post around!

 

[bbel]

I'm so sorry to hear that you had such a bad ending with them. Should we also take that as fair warning against using the medical center unless there is no other choice or was your experience because they were, in essence, your primary doctor for months at a time?

I think they're fine if you're a guest. but as crew, I dont know many who like them, they are a constant joke between crew. I dont trust them, and avoid them.
The less crew signed off duty, the bigger their bonus. (I feel people people got sick more often and Disney too, probably because of the intense work environment and long hours)
I know many times they have seriously messed up with crew.

When I went to the other cruise line I was shocked by how well they treated us. I went for some cough medicine and they signed me off duty for the day to rest. That would never of happened at Disney.

 

[NaturalNine]

I was injured by a faulty door on Disney Magic. Incident reported immediately and I did seek medical. Btw I paid Disney $500 for trip insurance
They now refuse to pay any of my medical. Happened on first day trip ruined. Couldn’t do any excursions. ( because they say I didn’t send in bills in time but I was still treating. ) Wasn’t aware of any deadlines They were notified in timely fashion. I have kept them appraised throughout. Not ONCE did they ever say. We are governed by Maritime laws. It’s a year. Too bad. We are not honoring your bills. Wow. Buyer beware. Shame on you Disney

So.... you didn’t abide by the terms and conditions of a policy, which terms and conditions you agreed with at the time of purchase.
Yet - Disney are the ones in the wrong here?!?

maybe the door caused some head injuries because that sure doesn’t make any sense!

 

[Allison]

Clarifying-You purchased an insurance policy but weren't aware of who the insurer was or what the terms were? You should have received a copy of the policy when you purchased it.

 

[cruisehopeful]

My take is a little different. Sure, you blew the insurance claim. However, if you didn't have trip insurance and were injured on the ship by a faulty mechanism, I would think that Disney would cover your medical as well as send you some gifts to your room - based on what they've done for other people. Perhaps you didn't seem injured at the time? Did you tell them that you were fine? Did you go to their medical facility on the ship?

 

[brianvdb]

Sometimes you have to be your own advocate on these types of matters. It’s not right, but it is reality.

I am sorry that you were injured, and I hope you recover fully. I think you’re doing the right thing by bringing light to this situation in a public forum and a truly hope that DCL reaches out to you.

Keep us posted.

 

[sethschroeder]

I must be naive. Initially I went to my PCP. He said it would take time. I did hot/cold compress and Advil. I knew that Disney risk management knew. I don’t have tons of bills. Few months ago went back to PCP. ( just received bill). He suggested PT which I started. I really didn’t know I had to rush to send bills in. Disney is self insured or if they are not - no one at risk claims suggested anything else. I don’t hate Disney. I thought the ship and my balcony room was gorgeous. I just missed out on a lot and feel cheated. I have visited their parks prob dozen time. This was my first Disney cruise. I am unsatisfied with the way I was treated. I still hope someone at Disney will review my request and do the right thing.

As for the door. My husband and I just finished the track on deck 4. Near Muster O. There are two large glass doors that lead into the 2nd level of lobby Aft. He hit a button on outside to open door. He walked through. I followed as I was walking through the door shut in me. I was so stunned I froze. The door opened and closed on me again. It hit me in the shoulder hip and foot. At least that’s what hurt. There was a crew member who witnessed the episode. Don’t know if he was working near or on door. So far no one has provide d the incident report despite me requesting same. I guess I am naive and trusted Disney to play fair. No I was not aware of timelines of any kind. I don’t think my ask is unreasonable. My medical reimbursement under $1000. Plus I would like to retake this trip w 2 family members that were with me. Since it happened on first day. I really couldn’t take advantage of most of what shipped offered

It completely sucks but you should not have waited a year. Heck if I was injured on the first day because of Disney's issues with a door and could not have full benefit of my experience on the ship I would be wanting a good portion of what I paid for the trip back as well.

I also don't think 1 year is a rush, unless I missed your timeframe and misunderstood?

Disney isn't going to say anything on the topic likely. If they admitted any wrongdoing they likely feel that opens them up to other lawsuits in the future by yourself or others.

I would say you are lucky that it was less than $1000 in costs incurred it sounds like. The only thing I can think of is trying to sue them for the door issue. If you have reports of it and Disney has it recorded maybe there is some recourse there? Have to chat with a lawyer on that one.

 

[Grammy4Lizzy]

If you had a car accident, would you be calling out your agent if YOU never filed a claim?

I am not a "Disney apologist", I just can see someone that did nothing toward filing a claim and now wants to blame Disney and get a free cruise.

 

[Unvoiced_Apollo]

Yeah I'm with you on this.
"I was injured by a faulty door" made my eyes roll immediately.
I mean, c'mon. who TH gets injured by a faulty door? Not even a door at a Fort Knox vault can injure you unless it falls on top of you. While you're doing yoga beside it.
Troll alert imo.

To be fair if the doors are anything like the WMATA subway trains, then you would be very surprised at how injurious those doors can be. They are not at all like eelvator doors and they will shut on you HARD if you're not through the doors.

That said, the only lesson I've taken from the OP is what not to do if I ever have any sort of claim I hope an insurance company will cover. Do not procrastinate and submit it as soon as possible. I'll be taking a trip on the Magic in 2021 and hopefully that door will be fixed, but if not, I'll make sure to be aware of my limited time to put in a claim ASAP if the same thing happens to me

 

[bakerworld]

Our TA sent us 3 different travel insurance policies to choose one and, after reading all of them, we decided to go without and packed a credit card with a high limit.

 

[bumbershoot]

I find it shameful that they DISNEY are hiding behind a hidden clause.

Travel insurance rules are hardly hidden, but you do have to read them.

But Disney wins everything publicly because they have a huge legal department. They’ll settle sometimes because it works out better for them.

My parents lived in a development in Miami that was utterly flattened in Hurricane Andrew. The place was created and designed by Disney. Everyone knew this. They hired a construction company (Arvida? Arvada?). That company chose to use finish nails to make the houses. The place was utterly flattened. Huge lawsuit. And Disney was never once mentioned in the suits. Because they got their connection erased.

This is what they are good at. To be surprised by this just boggles my mind.

They never provided any other source ie third party insurer. I appreciate your response but it’s inaccurate.

You had insurance; YOU had the third party involved. Insurance is who you needed to go through.

You started by going through DCL with this injury. That’s not the way to go if you’ve purchased insurance.

At some point they must have realized that you bought the insurance, and that’s when their part ended. There’s no chance they were going to pay for something insurance would have covered.

Has anyone in your family ever been hurt somewhere? Like at the Y or a school? My son has. Both times, after the bills started to go to insurance, insurance sent us letters asking us where it happened etc. those letters are basically asking “is there anyone we can sue to pay us back for what we’re paying for your care?” We’ve gotten that three times. My son at three was burned at home and we got it. Nope. Same year he fell while at Target. Got the letter. “It happened at target but he is the one that fell, it was not because of target.” And a few years ago he broke his arm at a dance convention in a hotel. I’m sure insurance was so excited...but “my son is a seasoned dancer and should not have been running in tap shoes; it was his fault, not Hyatt or the convention’s.” Poor insurance companies.

That’s what Disney Cruise Line did. They looked to see who else could pay for this. Since you bought insurance, it was insurance. Alas it sounds like you ran out of time.

that happens routinely on here due to the large number of Disney apologists on this board

It’s unbelievable that you can look at what we’re saying and still think we’re apologists.

Let me break it down. If you buy insurance, Disney itself isn’t going to help you. They are a business. They don’t want to lose money. If you buy insurance, go through insurance. Disney itself will do whatever it takes to NOT take responsibility.

The funny thing is that if you do NOT have travel insurance, they likely would have help out more. Because what’s $1000 to them? But the OP did. So it’s not DCL’s financial responsibility.

Do you get now that this is not a hugely pro Disney response?

All I wanted was for Disney to accept responsibility or simply say "sorry".

Corporation lawyers will advice their clients to never say sorry. Because enough people will hear “sorry” and take it to mean “it’s our fault and we’ll pay more so sue us.” The damages done by a few suits will cost them more than people being sad they didn’t get a sorry.

Especially in medicine, hearing “sorry” is so rare it’s a unicorn. I’d like a sorry from a doctor or two, too. It’s never going to happen.

Its a year and you couldn’t file a claimed? Any claim?

Exactly.

 

[Unvoiced_Apollo]

Corporation lawyers will advice their clients to never say sorry. Because enough people will hear “sorry” and take it to mean “it’s our fault and we’ll pay more so sue us.”

To add to this...

Even car insurance EVERYONE uses on the insurance card gives direct advice never to apologize because it is YOUR admission of wrongdoing. Same logic for a corporation applies here.

 

[nutshell]

The OP is blaming Disney, but let’s look at this objectively.

1. She didn’t read the fine print on the insurance policy, so she didn’t know the deadline.

2. She didn’t lawyer up (and still hasn’t).

3. She admittedly did not submit forms in time.

4. When someone suggest she sue she said it’s too late. She’s clearly not a lawyer so how does she know she’s too late? See number 2.

I’m sorry she was injured, but there’s a total lack of personal responsibility here. Disney is a business. Not a charity. She was provided the information needed to navigate this successfully but did not do so. Instead of taking legal action now, she appears to troll Disney at every turn.

To each his/her own, I guess.

 

[piccolopat]

As PP has stated, there are two distinct issues here. First is that the OP should have made a timely claim with the travel insurance company. If they didn't and the time to file a claim has passed, there is probably little chance of the insurance company paying for anything at this time. The second issue is whether Disney is legally liable for the injury sustained from an allegedly faulty door. If this is true, OP should consult an attorney to see if they are still within the time limits for filing a claim and to determine all of the damages that they believe Disney should be responsible for. It might be difficult to find an attorney to take this because the amount of the medical bills stated make it sound like this was a relatively minor injury (such as no broken bones). OP can try to file a claim directly with Disney or try small claims court but Disney is not going to volunteer to pay for anything at this late date, especially since OP didn't submit anything to them after they left the cruise. I hope OP fully recovers.