Disney cruise injury

[VacationVi]

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

 

[Firepath]

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

It sounds like your issue is with the insurance company, not Disney. Pretty sure they don't handle these type of claims themselves.

 

[VacationVi]

Actually they do. They assigned one of their attorneys to review. They never provided any other source ie third party insurer. I appreciate your response but it’s inaccurate. I would appreciate a real solution. I find it shameful that they DISNEY are hiding behind a hidden clause. They should have disclosed in the multiple correspondences and conversations. This is not how you treat guests. Especially paying ones.

 

[piccolopat]

You should have received a copy of the trip insurance policy. Read it thoroughly and see if it addresses the time limit. If the time has passed, you may need to consult with an attorney to sue for payment of your medical bills due to negligence for the faulty door.

 

[VacationVi]

I have no idea who the insurer is. I thought Disney. It’s too late to sue Disney. Which is NOT what I wanted. I wanted them to behave properly and not renage on their standard of care. I was upfront and courteous. I could have consulted an attorney. Many times they settle (it’s cheaper). I foolishly expected them to be honorable. People need to be aware. Accidents happen and sometimes it’s faulty equipment. Crew personnel Pao was working within 2 feet of the door. Not trying to get anyone in trouble either. Security officer Scott took a report. They have refused to release finding of report. Saying it’s internal and not for distribution. Guess I should have realized then. I’m still hopeful that Fisney will do the right thing.

 

[serenitynow]

There is not likely to be a solution as both parties are generally bound by the language of a standard form contract, in this case the travel insurance policy purchased by the traveler from the insurer, Disney. Many large corporations are self insured.

This contract defines the claims which the insurer is legally required to pay. It sounds as if the written travel insurance policy purchased requires all claims to be filed within a year from the date of the injury.

It’s not personal, it’s just contract law. The rights and obligations of the parties are limited to the provisions of the written contract.

You may want to seek the advice of an attorney that specializes in Maritime or Admiralty law as this is the body of law that governs nautical issues and other maritime disputes.

 

[VacationVi]

You are probably correct and they Disney probably count on me (most passengers) not reading the fine print. And not aware that maritime law has its own unique rules. One year as opposed to 2+ in most other cases of litigation. (Which I had no intention of pursuing). I just wanted those dealing with Disney cruise to read their contract and be aware. Wish some did that for me.

 

[Jessicabr]

I do not know all the rules and laws. But sometimes if that kind of companies just acknowledge they were wrong and say they are sorry. I believe that would already have helped. After reading this it feels its not even about the money anymore. (of course, the OP wants to be reimbursed) but why can they not just admitting they are in the wrong? I mean, common sense?

 

[Rob1872]

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.)

 

[lklgoodman]

Sorry for your experience. I twisted my ankle on a Disney cruise. Had medical treatment including xrays to make sure it wasn't broken. The doctor gave me a note to give to port excursion people and we didn't have to pay for missed excursions. I also had Disney insurance. I filed a claim once I returned home and was reimbursed within a few months.

 

[ivanp91]

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.

This same person seems to be running wherever they can with their "story". They've commented on the DCL Blog's Facebook page also, in that case they mention it was a "mechanical door", whatever that is supposed to mean? There is more to this story than they are letting on...

 

[clten]

I don't think this is a matter of buyer beware but more of a buyer educate yourself before purchasing. DCL is not the insurer of the trip insurance they sell. Basically they broker for a company that does insurance as their primary business. I don't usually buy trip insurance but popped over to DCL's website and in 5 minutes found that the policy is underwritten by AON insurance, that the terms and conditions for my state is a 33 page document that I'm sure I wouldn't read in its entirety unless something happened to me on a trip that I thought would be covered. And found on page 13 the provision that indicates that information must be provided to the insurer (not DCL) as soon as possible but at most 12 months from date of incident:


I'm very sorry that you got hurt on your trip. And it is very easy to confuse DCL as the insurer since that's where the premium money went. But insurance is a legally binding contract that no one is going to make exceptions on. So as soon as I knew I had a claim, I'd make sure I pulled out the insurance terms and conditions to be sure I knew what had to be done to have it covered. It is very clear that reporting the claim is to someone other than DCL. Sorry, I don't think DCL is perfect but in this case I don't think they're wrong.

 

[tcufrog]

While in theory, it sounds good to want companies to admit their wrongdoing, doing that opens them up to liability in our litigious culture. For that reason, it's not going to happen.

 

[insureman]

Here is a link to the policy if anyone else is interested in looking at it. There are some state exceptions near the end.
https://coverage.archinsurancesolut...coverage/173e45d9-00d9-e611-895a-005056002a0f

 

[RamblingMad]

That sucks.

If they won’t do anything, you can always go on Twitter and call them out on it. You’re still going to have Disney loyalists defending them. But some people should side with you.

 

[insureman]

I do not know all the rules and laws. But sometimes if that kind of companies just acknowledge they were wrong and say they are sorry. I believe that would already have helped. After reading this it feels its not even about the money anymore. (of course, the OP wants to be reimbursed) but why can they not just admitting they are in the wrong? I mean, common sense?

I am not going to say I'm sorry or that my company was in the wrong if I don't know the facts of this claim. The only side of this we know is the claimant's version of the what happened.

 

[VacationVi]

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.)

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.

 

[VacationVi]

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

 

[DisneyWishes14]

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

I'm terribly sorry you were hurt. After purchasing your travel insurance through DCL, you would have been issued your policy (typically via e-mail). It is also very clearly stated (with phone numbers to call should you need assistance) on the DCL website. https://disneycruise.disney.go.com/contracts-terms-safety/vacation-protection-plan/

I'm a little confused as to why you would purchase the insurance but then not utilize it. It appears that you never read the policy. This is precisely what travel insurance is for. We have encountered medial issues (plus travel and baggage delays and even cancellations) while traveling abroad and on cruise ships and rule of thumb is you contact the insurance company as soon as you know you need to file a claim so they can issue a claim number and you can start the process of filling out the documents and sending in receipts. This isn't a matter of Disney not "playing fair". It's a matter of you not utilizing the travel insurance you purchased. I wouldn't expect any type of reimbursement from DCL.

 

[Mainsail Minnie]

I'm sorry this happened to you and that Disney hasn't been helpful. Your description of your accident does indicate that, if your description is accurate, it was Disney's responsibility. If it was witnessed by a cast member and reported then and there, Disney should have been proactive about taking care of your medical costs at the very least, maybe going the extra mile & discounting you a future cruise, but I wouldn't expect a whole cruise to be comped. They shouldn't have left you to try to hammer it out with an insurance company with no direct guidance, when they know an accident is their fault.

As you've probably noticed, when you post a direct complaint about Disney on these boards you're going to be the one to get blamed for the problem by most of the posters. Don't take it personally- that happens routinely on here due to the large number of Disney apologists on this board, and is nothing personal and doesn't mean you did anything wrong. If Disney hurt you, and Disney knows it, then Disney should pay for it. Period.