Ski injury - WWYD

[MuirWannabe]

The advice I plan to follow is the recommendation to do nothing and just let insurance handle it if they choose. I don’t expect my health insurance company to even ask but who knows. They just seem so inept. But this course of action seems the best to me.

It’s irrelevant to my response, but I don’t think my purchase of a lift ticket absolves all other persons of negligent responsibility. I’m not a lawyer either, but that just doesn’t seem reasonable. Sure, the resort is probably at least partially protected. But all other persons on the mountain? All circumstances? That just isn’t true I don’t think.

 

[Sunset]

I would keep records until you are better, so you know the true final costs.

I was a "victim" and was asked by Health company about an accident via letters (I declined to answer), and I think the reason was:
Health ins companies want to know if it was an accident so they can sue the other person for all THEIR costs, but they still charge you the deductible. Maybe you get that back years later if they "win" but there is no way to audit the result, so you never know.

Once you know the true costs, you can then tell the family (who is probably fearing a $2M lawsuit) to use their homeowner or umbrella insurance to cover your costs. If they refuse, you can have lawyer send a letter.
Once they know you are asking for X thousand dollars, and not $2M, they may respond better.

 

[GaryInCO]

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

Sounds to me like the young man was remorseful and wanted to do the right thing. IMHO there should be some consequences for the parent for being a bad example for his son.

 

[Closet_Gamer]

Sorry you got injured.

I'd personally be inclined to say "skiing is dangerous" and move on with life, particularly because the kid himself was contrite and you didn't say he seemed drunk/stoned/etc.

I once ran over my girlfriend when I was learning to ski. We got married. LOL.

Shame on the parents for not engaging. Kind of dumb too ... by hiding from it they actually increase the chances that you turn up in a year looking for a big suit. If I were them, I would engage.

Regardless, I'd let the insurance company handle it and if your expenses are limited to $1000-1500, I wouldn't put any effort into doing something personally about it. Life is short, it sounds like the parents would immediately find a lawyer, and you $/hour return would be pretty crummy.

I hope you heal quickly.

 

[marko]

.

Shame on the parents for not engaging. Kind of dumb too ... by hiding from it they actually increase the chances that you turn up in a year looking for a big suit. If I were them, I would engage.

Regardless, I'd let the insurance company handle it and if your expenses are limited to $1000-1500, I wouldn't put any effort into doing something personally about it. Life is short, it sounds like the parents would immediately find a lawyer, and you $/hour return would be pretty crummy.

I hope you heal quickly.

Sadly, (as my lawyer always says) we live in a time where for $10 you can sue anyone for no reason at all. No matter the situation, the first thing a lot of people think of is either "I'm going to be sued" or "I'm going to sue" . ( Just call Morgan and Morgan)

Any acceptance of responsibility can cost you dearly.

 

[sturge]

The advice I plan to follow is the recommendation to do nothing and just let insurance handle it if they choose. I don’t expect my health insurance company to even ask but who knows. They just seem so inept. But this course of action seems the best to me.

It’s irrelevant to my response, but I don’t think my purchase of a lift ticket absolves all other persons of negligent responsibility. I’m not a lawyer either, but that just doesn’t seem reasonable. Sure, the resort is probably at least partially protected. But all other persons on the mountain? All circumstances? That just isn’t true I don’t think.

Sorry to year about your incident and happy you are on the mend. I'm 64 and have skied since I was 5 years old. Things happen out there, ice, equipment issues, lapse of focus, poor visibility, etc. I've been that kid, and I've been the one that got hit by that kid but luckily never badly injured. It's a great sport but there are unfortunate risks/injuries and we as skiers understand that and chose to continue doing it for the joy it brings us. I just did my first day of the year at Killington, VT on Tuesday.

I would have done the same thing as you seeing there are not huge medical costs involved. This was clearly an accident by a young kid who wasn't paying attention and from your description he fully understood what he did was wrong and he probably will never forget it.

As a lifetime skier I'm sure I'm not alone in hoping people who feel the need to escalate an incident like this to 'stick it to his dad' will stay away from the mountains and remain on their couches watching documentaries about movies star, lawyers, and insurance settlements.

 

[HarveyS]

I hope you are OK. I would strongly suggest a 2nd opinion if the doctor recommends surgery. When I broke my collar bone - full separation - my doctor talked me out of surgery to repair the bone mismatch. It may be different now, but then (2007) he said it would be two surgeries (one to put the screws and plate in, and one to take them out), longer recovery, & chances of infection. I have not been restricted by my mismatched collar bone.

 

[Cayman]

Sorry that you are injured and I hope that your recovery is a short road. With regard to the person who plowed into you - I'd personally let it go. Winter sports have risks and we know & accept those risks when we participate in them. I do agree with you that asking the family to pay your oop would be fair, but I would not do that... of course it's your call. If you experience life altering issues as a result of the young guy's actions that is a different story.

PB4USki - Alta remains ski only - no boarders. Expecting 4 feet this weekend.

A general comment not directed toward any individual post here. My view is that while there are a few reckless peeps on any mountain (both skiers and boarders) most are courteous and careful - boarders and skiers alike.

 

[MuirWannabe]

It sure was helpful to me to see the varying responses. Just what I was hoping for when I posted. It’s clarified much of my thinking and I’m grateful to all of you.

 

[badatmath]

I'd be really shocked if your insurance does not go after the family tbh. But the important thing for now is you are mostly okay.

 

[marko]

I'd be really shocked if your insurance does not go after the family tbh.

For $1000?

 

[DuluthGA]

+1. If it truly was an accident, not s showboating teenager saying “hold my beer” acting recklessly then let it go. Try entering his name or number in truepeoplesearch .com and see if you get.a hit. Send him a note with some life advice.

 

[copyright1997reloaded]

Just to respond to a few points.

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

...
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.

As a fellow skier, so sorry for your troubles here. It's a great sport which I hope to do for many years to come. Even though I am pretty close to a bunch of resorts (eastern upstate NY so NY & VT), Utah or Colorado were at the top of my list of "move to" for several years as possible retirement places to live.

Not getting assistance from the ski patrol was a mistake on your part, but I understand why you declined it. (The natural instinct is "I'm OK" especially if your legs were good.) But having an official record of the incident would have been good with the name of the offending party.

As an aside, Alta is probably my favorite ski place. No snowboarders allowed and great snow/runs, with the ability to mix with boarders if one wants to live dangerously (by skiing down the other side to Snowboard).

 

[marko]

As an aside, Alta is probably my favorite ski place. No snowboarders allowed and great snow/runs, with the ability to mix with boarders if one wants to live dangerously (by skiing down the other side to Snowboard).

You mean Snowbird? +1 on Alta! "Old time skiing"

(But we spend most of our time at Deer Valley.)

 

[Stormy Kromer]

To the OP.

I'm glad you were out doing something you love to do. Sorry you got hurt. Hope you can get out there again soon.

Life is for living.

 

[38Chevy454]

I agree with the rest, let ins co know the kid's name and contact info. They can pursue it for reimbursement. You should not be on the hook for medical expenses, even co-pay amounts. You have real injury broken collarbone that is evident on x-ray or MRI, not like you are claiming soft tissue injury that nobody can prove or disprove. The kid's parents liability will cover; if it ever goes to trial they will lose more.

It's good that you are just trying to get better and not have the typical ambulance chaser lawyer pain and suffering. Skiing is inherently risky, but an injury caused by someone else is not the same as you crashing and injuring yourself.

 

[copyright1997reloaded]

You mean Snowbird? +1 on Alta! "Old time skiing"

(But we spend most of our time at Deer Valley.)

Yes, the Bird (SnowBird). Snow boarders on my mind I guess.

I also think Deer Valley is a really great place. It gets some remarks about "too much groomed" but I (and friends) have found PLENTY of great ungroomed snow there, including a couple chutes I won't partake in. Also the food in the lodges is pretty darn good and the people working at DV are very nice.

 

[badatmath]

I'd be really shocked if your insurance does not go after the family tbh.

For $1000?

lol some would do it for $10

 

[youbet]

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.

Since OP has a $7,500 deductible and feels it's very unlikely his bills will run that much, his insurance company is unlikely to spend much effort trying to collect anything.

 

[youbet]

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.

I'd think it's also because the family doesn't know OP or his motives. Is he trying to lay down a foundation for a large law suite? Is he trying to influence the child regarding future statements or positions? Might there be any intimidation involved?

They do know that OP told the ski patrol that he was OK, refused emergency evacuation from the slope and ski'd away. Now he's contacting their minor son posting him on discovered injuries and trying to lead this...... where?

given that I'd know only what these folks know, I'd tell my son to STFU as well and wait to hear from an attorney, a court, an insurance company, etc. I would notify my liability insurance provider (umbrella policy, homeowner's) and seek their advise. My guess is the insurance company will tell them to STFU.

 

[youbet]

Shame on the parents for not engaging. Kind of dumb too ... by hiding from it they actually increase the chances that you turn up in a year looking for a big suit. If I were them, I would engage.

.

Engaging one-on-one with OP without their liability insurance company or their attorney (or both) involved would be a huge mistake. Even if they and OP agreed on some settlement to cover OP's OOP expenses, an attorney would have to be involved so that a document could be drafted freeing the parents from any further responsibility should OP suffer long term consequences and decide to take legal action down the road.

 

[ivinsfan]

OP if the circumstances were reserved what do you think your position would be.

 

[Markola]

This^^^^. I’ve skied enough to know that accidents come with the territory. One assumes some personal responsibility for strapping boards on one’s feet and sliding down steep, icy mountains, surrounded by thousands of others doing the same, for fun. I’d be glad my docs could fix me up for a few thousand bucks to let me continue my life, without further skiing if I felt the benefits of the voluntary activity no longer warranted its inherent risks.

 

[marko]

Yes, the Bird (SnowBird). Snow boarders on my mind I guess.

I also think Deer Valley is a really great place. It gets some remarks about "too much groomed" but I (and friends) have found PLENTY of great ungroomed snow there, including a couple chutes I won't partake. Also the food in the lodges is pretty darn good and the people working at DV are very nice.e in. A

Heh. Lunch at The Stein Erickson Lodge Skiers Buffet always set us back $300. Stein even joined us one year. We'd spend the whole afternoon getting hammered on bottles of wine.

 

[athena53]

Sadly, (as my lawyer always says) we live in a time where for $10 you can sue anyone for no reason at all. No matter the situation, the first thing a lot of people think of is either "I'm going to be sued" or "I'm going to sue" . ( Just call Morgan and Morgan)

Any acceptance of responsibility can cost you dearly.

I agree. An honest teenager who feels badly about the accident might say something that increases a possible settlement. Same for an honest adult, for that matter. I'd have given the same advice to my own son. Leave it to the insurance companies.