What Would You Do?

[RUDisney]

On March 5th, my DD fell on black ice in the parking lot of the church in which her girl scout meetings are held. She severely sprained her ankle and was in a soft cast for a week and a boot for 3 weeks. She had xrays on 2 separate occasions to make sure her growth plates weren't affected. She's 9 years old.

The "this is not a bill" messages are starting to arrive from the insurance company. So far, we've had a $25 copay to her pediatrician, who thought it was broken, a $25 copay to the podiatrist she saw and one $37 deductible due for one set of xrays. I'm guessing that is what the second set of xrays will be, too, but I have no idea how much the boot will cost. We have a $1,000 deductible per person on our insurance, so all of this will come out of my pocket.

I spoke tonight to the woman who is in charge of the girl scout meetings and who is also the liaison to the church. She will present a letter to the church council tomorrow night if I drop it off at her house tomorrow. That isn't a a problem to do. She expressed great concern about the church rescinding it's willingness to allow girl scout meetings if they have to pay this claim or send it to the insurance company to pay it.

I'm not looking to sue the church. Although I believe that if they had salted their parking lot better that night, this wouldn't have happened. IMO, I have taken off work to take DD to various doctors because of this and my insurance has footed some of the bill, or has at least reduced it to its negotiated rates with the providers. I think the churches' responsiblity should lie in helping to pay my deductible since the combined negligence of the ice in its parking lot, coupled with my DD's running to the car caused the severe sprain.

So, do I be the bad guy and write the letter to the church and risk the future of girl scouts at the church, or do I suck it up and pay for my DD's medical bills?

 

[Marseeya]

I'm not one for suing anyone, but absolutely the church is responsible for this. They should have had their parking lot salted, just like any other place of business.

I'm surprised the hospital didn't take care of this, or the insurance company. I know one time I fell and hurt myself on a college campus and the hospital was adamant about billing the college, but I kept telling them it was my own clumsiness! They finally did bill my insurance.

 

[Stacerita]

I dont think you are being a bad guy for sending them the letter. It was their parking lot that wasn't salted properly. And it very well could have happened to a parishoner after service as well. Also, what about the girls scouts insurance? I know our council has insurance to cover their girls during all their activities and events. Thats why we sign the permission slips for them to attend. I would check into that as well.

 

[clh2]

What about the insurance Girl Scouts carries? Wouldn't that cover the expense?

 

[The Mystery Machine]

So, do I be the bad guy and write the letter to the church and risk the future of girl scouts at the church, or do I suck it up and pay for my DD's medical bills?

OK..cracking knuckles...

In order to get the money you probably will have to sue, more than likely.
Even if you write a letter they will deny it, otherwise they are admitting negligence.
If for example they say yes they will pay, then you can turn around and sue for more money and win, due to them admitting they were in the wrong.
Make sense?
You have to decide do you want to sue them or not, if it comes to it, which it will be highly likely.

 

[reddixie]

I would speak to your Troop Leader again immediately. I was a Service Unit Manager and can say clearly that they want you to report this to their insurance. This is why they have insurance. If you do this it won't affect the church and they will continue to allow meetings there. That would be my first priority. Good Luck.

 

[Hannathy]

I'm not rich but I wouldn't send the letter for a sprained ankle. You also said your daughter was running so she does have some responsibility. The leader is right the church probably will quit letting groups meet there and that is sad for a lot of people and over a sprained ankle. Go ahead flame me but the church was trying to help the kids and everyone acts like they are a big corporation with round the clock help. I would just consider it a cost associated with having kids.

 

[The Mystery Machine]

I would speak to your Troop Leader again immediately. I was a Service Unit Manager and can say clearly that they want you to report this to their insurance. This is why they have insurance. If you do this it won't affect the church and they will continue to allow meetings there. That would be my first priority. Good Luck.

Not only that, I want to see if Girl Scouts actually pay for something!!!! They use scare tactics with the Health History/Permission Slip thing on us, go see what they do.

I wouldn't say anything to the church.

 

[Mimi Q]

I wouldn't say anything to the church either.

 

[Disney Doll]

I would probably consider it "one of those things".

I would probably call the church and let them know my kid slipped and fell so that they might take more care in snow & ice removal, so that someone else doesn't slip and fall, but that's probably the extent to which I would take it.

 

[EthansMom]

I'm another one of those folks who wouldn't expect the church to pay for anything. In my thinking, this was an "accident".

Your daughter got out of the car in weather conditions that could leave ice on the ground and she slipped on some ice that she couldn't see. While it's unfortunate that she got hurt, you'll be hard-pressed to find any public facility in the NE that can completely get rid of all ice/snow in their parking lot during the winter. I know that DS4 and I had to be very careful going into/out of his preschool this winter, for instance.

From a legal standpoint, I wouldn't expect that you'd be able to get any money from the church or GS unless you could prove that one or the other were negligent, which would be hard to prove.

I hope your daughter is feeling better!

 

[Aimeedyan]

I wouldn't go after anyone. Things happen, she was running, I'd just chalk it up to an accident that comes with life.

 

[FreshTressa]

I would probably consider it "one of those things".

I would probably call the church and let them know my kid slipped and fell so that they might take more care in snow & ice removal, so that someone else doesn't slip and fall, but that's probably the extent to which I would take it.

Me too.

Can't YOUR insurance company sue the church if the church claims liability??

I think both of these places are non-profit and it is just kind of 'one of those things'

 

[calie_j]

I would absolutely submit it to the church, that is why they carry insurance. Most people would sue for alot more than medical deductibles so their insurance might be very happy to settle with you quickly before you decide to ask for more. The only problem I see is this should have been reported immediately to the church and their ins company. It never hurts to ask so I would.

Calie

 

[kirbsam]

i would drop it. it was an accident. and no one's fault.

 

[palmtreegirl]

I would probably consider it "one of those things".

I would probably call the church and let them know my kid slipped and fell so that they might take more care in snow & ice removal, so that someone else doesn't slip and fall, but that's probably the extent to which I would take it.

That's exactly what I would do too.

 

[tmt martins]

I don't understand the DON'T submit to the church. Your not hiring a lawyer (yet) .You pay fees and dues to use the church they pay insurance from those fees.

They will pay money out to help the needy and other things and you want your expences covered thats all I'm hearing right.

My preist would be all over me if I didn't report this to them and I am sure they would take care of it.They may have you sign something stating that it will be paid out of pettie cash until it hits a certain point but thats OK as well.

 

[Pugdog007]

No I wouldn't go after anyone to help you pay this. Accidents happen. Frankly, I cannot even believe you would consider it.

 

[tiggersmom2]

No I wouldn't go after anyone to help you pay this. Accidents happen. Frankly, I cannot even believe you would consider it.

Ditto. My oldest son broke his leg playing soccer a few years back. There was a ditch on the far side of the field and he fell in it. Never thought of sueing...just one of those things.

 

[figment52]

I'm not rich but I wouldn't send the letter for a sprained ankle. You also said your daughter was running so she does have some responsibility. The leader is right the church probably will quit letting groups meet there and that is sad for a lot of people and over a sprained ankle. Go ahead flame me but the church was trying to help the kids and everyone acts like they are a big corporation with round the clock help. I would just consider it a cost associated with having kids.

ITA - this a child who probably was not acting appropriately for the conditions. I couldn't expect the church to accept all the responsibility. JMO