Slip-And-Fall insurance claim

Finance, Taxes, Banking, Insurance and Retirement
1
Hello everyone, I have a quick question regarding an insurance claim I'm currently dealing with for a fall I experienced at a hotel while traveling abroad.

To give a brief overview, I had a bad fall while walking out of an outdoor spa due to black ice on the floor. There were no signs indicating danger or the usual warnings for a wet floor. There were also no staff members present at the time.

I didn't call emergency services, and after a brief blackout, I was able to drive home. After a couple of weeks, I underwent X-rays and an MRI of my back, and thankfully, everything seems fine.

The total cost of the medical checks amounted to $2000. Initially, the insurance company offered to pay $1500, but I managed to negotiate the full amount of $2000 to cover all the medical bills.

I would like to know your thoughts on this. Do you think it's fair, or should I insist on compensation for the pain and suffering as well?

Thank you in advance for any further insights.

Cheers!

ps: I am dealing with the hotel's insurance company (no swiss, travel or other insurances involved)

2
This absolutely depends on the legal jurisdiction of the country where you had your accident. Then weight up the cost of legal action vs your 'pain and suffering' incurred.

Honestly, given that you did not actually call emergency help at the time, and have no record of any actual injury... and the medical bills actually did not show any real harm.... I would say you will struggle to prove anything in court.... so very unlikely to be able to expand your claim and make it financially worthwhile...

Also, the insurance company probably just settled with you because it would cost them more money to pay lawyers to fight the claim, and also they want a confirmation that it's not going to be a really big claim in the future....

3
There is no claim for pain and suffering here, thank goodness.

Also, how do you want to show proof of that at all?

4
So it was evidently very cold as Black Ice was present.

Switzerland works on self responsibility, as it was cold, you could expect slippery conditions.

Forget pain and suffering payments, this is Switzerland not America where any spurious claim gets rewarded

5
We don’t know where the accident was. Until we do discussion is pointless.

6
So you drove back home (apparently Switzerland??) But you paid in $ and no Swiss accident insurance is involved?

7
thanks everyone for the interest ....to quickly answer your points I should say that the accident occurred in Vietnam and the hotel/insurance is owned by South Korean entities.

A bit of a mess legally I suppose....

8

Probably more like a non starter

9

I doubt if the nationality of the owners is relative to the case. Vietnamese law would prevail. That’s where you need to check. Unless there is a Vietnamese lawyer lurking here.

Some info here. https://andlaw.vn/understanding-the-…ms-in-vietnam/

10
This is such good advice. As I observe it, dealing with the legal procedings, even in one's home country and own language, is a great effort, and can be expensive in money, time, effort, stress and uncertainty.

Only if there is very clear evidence of both

a) gross negligence by the other party, and

b) significant damages really suffered

then, yes, it may be worth litigating.

At other times it might well be wiser to walk away.

In any case, before initiating any legal proceedings, take deep breath and consider the option of simply chalking the event (both any negligence one might wish to attribute to the other party and also one's own contribution/fault, if any, in the matter) up to experience, and learning from it.

11
Black ice in Vietnam?

TIL Vietnams highest mountain is 3147 m tall and there can be snow in the northern provinces such as Lao Cai, Lang Son, or Ha Giang.

12
Man, take the money and run, and count yourself lucky you got anything at all.

13
That's what I thought too.

And, for the OP: Never go skiing or snowboarding here as there will be times when you will fall and sometimes it will hurt even if nothing is broken.