Ski injury - WWYD

[MuirWannabe]

Last week I was with family skiing in Breckenridge. Unfortunately, I was in an accident where a snowboarder ran into me and caused me to crash hard when I was going full speed. I truly thought ‘this is it’, but obviously I’m still alive.

As I laid there after tumbling trying to determine what injuries I had, the young man who crashed into me came down apologizing profusely and acknowledging it was his fault as he was not looking. Several bystanders were there checking on me also. I began to realize my legs were okay, but my right shoulder was hurting quite badly.

The young man gave me his phone number and said his dad would be there shortly. His dad did show up but didn’t say much. By this time I was able to decline the stretcher ride down and skied on down myself since my legs were okay.

Fast forward and the orthopedic doctor X-rays show a broken collarbone. I texted the young man (guessing 17ish) to fill him in. I’m basically waiting on results of MRI to determine if surgery required. Either way I’m looking at 6 weeks of right arm immobilization for healing. All things considered, I’m grateful the damage isn’t worse.

Today I texted the young man an update. He wished me a speedy recovery and then said his parents advised him to no longer communicate with me.

I somewhat understand, and don’t desire to further entangle this young man. But I’m already out roughly $1000 and if surgery is needed then I’ll be out a few thousand I’m sure.

I don’t have any other contact information. I’m leaning towards just letting it be. I do not think the dad is teaching his son a very good lesson. Feel like the kid was trying to be stand up about it.

Interested in others thoughts. Thanks.

 

[MC Rider]

Heal well. See what insurance does I guess. Kids parents probably gave him good advice to STFU.

 

[mystang52]

Was any formal report made by the ski resort? They would have some basic info about the 17 year old. I don't know what it would entail, but it should be relatively easy to track him down since you have that phone number. Presuming you can get contact information, you can always send a friendly note about your out of pocket expenses and want reimbursement (i.e., if you are not seeking additional compensation). If no reply, it's worth speaking with any attorney.

 

[CardsFan]

Your insurance company will want to know what happened. Let them handle it. Give them the info on the young person, and let them go.

 

[RunningBum]

Car insurance companies will tell drivers not to admit fault, but they should stop and exchange information. I think the same would apply here.

You are entirely within your rights to ask for compensation for medical expenses. If the kid is a minor, you would be dealing with his parents. No doubt they are trying to head off a large lawsuit, and the kid admitting guilt no doubt would make an easier case for you, though I know that's not where you are going.

I don't know that your medical insurance provider will deal with this like your car insurance would. If this is all in your deductible they might not care. I really don't know. But if that's the case, you either deal directly with the parent or talk to a lawyer. A lawyer might be able to make one call, and the family's homeowner or PELP insurance would cover it.

In a perfect world it's right that the kid admits guilt and the family pays your out of pocket expenses, and it's over. But even though you want to handle your end perfectly, the parent doesn't know this because not everyone does.

Aside from all that, I just hate that boarders have such a large blind spot. I can see a day when there would be blind spot detection built into a helmet to warn them about their blind side, but with no lanes I'm sure I'll have hung my skis up before then. My safety strategy is to ski fast enough that it's a lot less likely for a boarder to catch and hit me. But I have to also have control to avoid a skier or boarder in front of me who makes an unexpected turn into my path. So far so good. I've only been run into by a skier, an adult I know who was making very wide high speed racing turns and I just didn't pick him up coming all the way across a slope. No injuries.

 

[pb4uski]

If the Ski Patrol responded I would think that they would have an incident report. Worth asking about anyway.

There should be some consequence for the young snowboarders carelessness. Otherwise he'll just go on running people over.

When DW was a ski instructor she got hit twice. Once in the middle of a lesson of kids.

 

[athena53]

Your insurance company will want to know what happened. Let them handle it. Give them the info on the young person, and let them go.

I agree. There's a process called "subrogation" and where another party might be responsible, they'll go after them. That's why health insurers ask if your claim is as the result of an accident or a work-related injury.

 

[pb4uski]

Young 5-yo DS had a really close call with a snowboarder. Dad was right behind it all and took off after the boarder with the intent of beating the piss out of him and stopped after realizing after going 50 yards that he was leaving 5-yo DS on his own.

IME, very few boarders are as in control as most skiers are.

I like that Mad River Glen and Alta prohibit snowboarders (though that may have changed).

 

[MuirWannabe]

Just to respond to a few points.

There was no ski patrol report since I declined their assistance of a stretcher ride.

My insurance is a marketplace HMO. I’m new to it just this year. Two whole weeks, as company dropped their retirees off corporate plan to save money. My deductible is $7500. So far BCBSTX hasn’t asked anything but who knows. Maybe they will but I’ve not been impressed. They are difficult to work with and can’t seem to find their way on much of anything.

All I have is the kids first and last name along with phone number.

I’m not looking to file suit. But I had thought them paying something for my OOP expenses would be fair. If I don’t have surgery then this won’t be over $1000-1500 I think. There is definitely pain and suffering, but that’s not changing regardless.

And yes, I’m not a fan of snowboarders. Thanks for responded so far. I stink at being left handed. Even typing this took about 15 minutes.

 

[Donno]

Personally, I would just chalk this up to an unfortunate accident and drop it because it's unlikely you'll ever see a dime unless you're willing to file a lawsuit over it. I doubt you could find anyone to take the case unless there was an insurance company involved with deep pockets unless you are willing to pay out of your own pocket. There was a well publicized skiing accident lawsuit involving an actress recently, and I think the award in the case was for a dollar.

 

[mystang52]

Depending on where you and the Boarder live, small claims court might be viable.

 

[Teacher Terry]

When I was young I worked for a health insurance company and Athena is correct that they will ask if it’s due to an accident. You will answer yes and they will ask for more information and they will take it from there.

 

[Jerry1]

Don’t you assume all risk when you partake in an activity such as skiing? Seems that it’s an inherently dangerous activity. I’ve never been skiing. Do you sign any kind of waver when you get on the slopes? Maybe some blanket statement on the back of your ticket.

I’m not wishing you ill, but that’s the first thing I thought of reading your story.

I hope you feel better and heal well. Don’t rush the healing. It takes longer as we age, no matter how good of shape you’re in.

 

[RunningBum]

Don’t you assume all risk when you partake in an activity such as skiing? Seems that it’s an inherently dangerous activity. I’ve never been skiing. Do you sign any kind of waver when you get on the slopes? Maybe some blanket statement on the back of your ticket.

Pretty sure that's only to protect the resort. OP can't sue the resort because someone hit them, or even if they just took a fall on their own because they hit a rough patch. It doesn't say they can't sue another skier/rider.

 

[GrayHare]

IMO don't rush to finalize things with the other skier before you are confident there will be no longer-term consequences.

 

[athena53]

If they own a home, their Homeowners insurance has a coverage called Medical Payments just for accidents such as this. Usually the limit is $3,000-$5,000, paid out without trying to assign fault. No courts, no lawyers. If you don’t need surgery and they have this coverage, that might cover your out/of-pocket without a lot of trouble.

 

[Teacher Terry]

Although for instance if you go horseback riding the stables always have you sign a waiver in advance saying you can’t sue if you get hurt. I read that you can’t sign away your right to sue in advance so really it’s not binding. If that’s true it would also apply to the ski resort.

 

[CRLLS]

I'll take another point of view. Skiing is a risky sport. Whether it is you losing control or some other person losing control and involving you, Accidents happen, often. That is what your insurance is there for. Let them figure out who's at fault and who pays what. It may come down to you being out only $1k, which is fortunate. Most collar bone fractures that I have heard of is basically ~6 weeks in a brace and don't need much more. I hope that is your course of action.

I suspect that if the overall costs are lower than your deductible, your HMO will pursue subrogation. It is not in their best interest. You should still get their negotiated rates. You will be on the hook for the deductible regardless. I don't know the limits for small claims court. It might be an option to recover the deductible. If above the small claims, I would get a review from a reputable attorney to see if there is any options you have, what is his/her cost, and what the chance of winning is. Likely it won't be worth the effort to recover your deductible/coinsurance.

Reviewing, You engaged in a risky sport, you have insurance to cover your

 

[DrRoy]

Your insurance company will want to know what happened. Let them handle it. Give them the info on the young person, and let them go.

+1

 

[marko]

IANAL, but I would guess that them helping/offering to pay would be an admission of guilt which I'd expect their lawyer would strongly object to them doing. They'd have no idea how far you'd want to take things legally. Dad wasn't saying much because I'm sure that's the first thing that entered his mind.

His lawyer might also argue that weekend tickets at Breckenridge go for $500 each ($240 for seniors) per day so you're obviously not in financial difficulties.

Your ski ticket also clearly states that in buying the ticket, you accept all risks.

Sorry, not trying to sound harsh but as a lifetime skier who been injured a few times myself by those $%##$% snowboarders that's how I see it.

 

[Aerides]

Don’t you assume all risk when you partake in an activity such as skiing? Seems that it’s an inherently dangerous activity. I’ve never been skiing. Do you sign any kind of waver when you get on the slopes? Maybe some blanket statement on the back of your ticket.

I would have thought the same, but having just watched the Gwyneth Paltrow ski accident documentary on HBO, I learned differently.

There is an expectation that the uphill skier take all measures to avoid crashing into the downhill one. Kind of like driving, the fault lies with the person coming from behind.

In the GP case, the debate was who was up vs downhill, and had she been established as the uphill skier, she would have been at fault and on the hook.

OP I would not rush, but keep everything documented. Take the time now to capture exactly what happened, times, dates, witnesses, etc.

 

[Midpack]

Your insurance company will want to know what happened. Let them handle it. Give them the info on the young person, and let them go.

I’m not looking to file suit. But I had thought them paying something for my OOP expenses would be fair. If I don’t have surgery then this won’t be over $1000-1500 I think. There is definitely pain and suffering, but that’s not changing regardless.

It would be nice if you could come to a fair agreement wihout involving insurance, but it sounds like the other party isn’t interested in doing the right thing. I’d pass the info on to your insurers and let them handle it.

I had an auto accident a few years go, hit a young lady, my fault. She was open and reasonable, told me and the trooper she was not hurt, and it was a low speed collision. Once her mother got involved, all of sudden no communication, and a long expensive process with my insurance company.

 

[athena53]

Your ski ticket also clearly states that in buying the ticket, you accept all risks.

Ha. I once rented cross-country ski equipment and had to sign a waiver that absolved the company renting out the equipment of all liability, including failure to maintain the equipment. Think it would stand up in court?

I do know of one tragic case in which a beautiful, healthy young woman, daughter of friends, ended up paraplegic after a snowboarding accident. She was unable to collect from the operators of the ski resort- apparently she'd gone into areas marked with "Do Not Enter" signs.

 

[frayne]

Your ski ticket also clearly states that in buying the ticket, you accept all risks.

I think you are on your own if the above is true.

 

[pb4uski]

No, I don't think so. The release on the ski ticket is between you and the ski area, not you and other skiers.

In this case, a boarder boarded recklessly out of control and caused the collision and the injuries and could be held responsible.

At a minimum, the boarder should reimburse the OP for their medical deductibles. Also, the health insurer might seek reimbursement for their claim payments but I suspect they would not.

I suspect the family of the boarder is concerned that the OP might have some permanent injury that is unknown and undiagnosed at this juncture that would be a bigger claim and that is why they have advised the boarder to cease communicating with the OP.