Injured at Airbnb property

Old Jun 25, 19, 12:50 pm
  #16  
 
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Not to minimize the OP’s injury, but sometimes an accident is just an accident. If there are no unsafe or hazardous conditions that should have been addressed, how does someone assign blame?
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Old Jun 25, 19, 1:36 pm
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Originally Posted by LAX_Esq View Post
Classic FlyerTalk bootlicking. The victim is always at fault until definitively proven otherwise.

How about insurance companies own up to their insureds' mistakes and promptly and fairly pay victims' legitimate claims without them having to lawyer up?
"Esq" in your name, so no unbiased opinion there! I admitted that without having additional information, it's hard to judge who's at fault. I'm just tired of people blaming others and cashing in when they shouldn't. And yes, this affects me directly because I have to pay higher insurance premiums for all of the frivolous lawsuits out there.

If the OP fell down because leaking pipes weren't fixed, then he/she has a legitimate claim. If the OP fell because his/her children had a water-balloon fight and the floor was wet, then it's B/S.
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Old Jun 25, 19, 2:43 pm
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Sadly, we do have the same culture in the U.K. Not quite as blatant as the US but prevalent all the same.
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Old Jun 25, 19, 3:08 pm
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Airbnb is not a hotel!

Airbnb properties are not hotels and they do not have to adhere to the same standards as hotels have to. That is part of the reason why they are often cheaper than hotels, Be aware of that!
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Old Jun 25, 19, 5:24 pm
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Originally Posted by s4popo View Post
"Esq" in your name, so no unbiased opinion there! I admitted that without having additional information, it's hard to judge who's at fault. I'm just tired of people blaming others and cashing in when they shouldn't. And yes, this affects me directly because I have to pay higher insurance premiums for all of the frivolous lawsuits out there.
I don't have a horse in this race, as my practice has nothing to do with personal injury, insurance, plaintiff's work, etc. As an informed citizen, I hate all the frivolous lawsuits and sleazy plaintiff's lawyers as much as the next guy. But I also hate sleazy insurance companies and sleazy insurance defense lawyers.

Your bias is the notion that the people not owning up to their mistakes are the injured people. It's just as frequent that insurance companies are not owning up to their insureds' mistakes. Insurance companies have no problem collecting premiums for years and years and do not "own up" when the time comes for them to pay out.

Originally Posted by moeve View Post
Airbnb properties are not hotels and they do not have to adhere to the same standards as hotels have to. That is part of the reason why they are often cheaper than hotels, Be aware of that!
I'm not sure what this even means. If you're talking about from a safety perspective, the Airbnb owner has to adhere to exactly the same safety standard as a hotel owner, i.e., to not negligently cause injury to their guests.
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Old Jun 26, 19, 6:49 am
  #21  
 
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My daughter was injured in a Home Depot. The "adjuster" just kept giving me the run around and losing emails, etc. Then they would change adjusters and start over again. This is the American way - business crooks.

And if you don't have any permanently identifiable permanent injury, lawyers won't take your case.

It has been 4 years and not a dime from the "adjusters."
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Old Jun 26, 19, 9:20 am
  #22  
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To all those who sympathize with me: thank you.

To haters: you don't know what I am going thru'. I am in pain daily for months since the injury. This isn't fair and it's not my fault.

The adjuster just harasses me. This guy does not understand the law very well and throws out legal terms to intimate me. Fortunately, I am quite familiar with basic personal injury law. As mentioned above, insurance companies of all types collect premiums, but pay out nothing when they are obligated to.
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Old Jun 26, 19, 9:55 am
  #23  
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There is no legal requirement that you deal with the adjuster at all.

You could simply file a lawsuit and never talk with the adjuster.

If you have an amount in mind which would settle the matter for you, give that to the adjuster, tell him he has X days to get you a check and that you are filing on the X+1 day. If you have an email, put it in an email and advise that you don't want to speak.

Only do this if you are certain that there is liability and that you really will file. Nothing looks weaker in a negotiation than a threat not carried through.
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Old Jun 26, 19, 12:00 pm
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Originally Posted by Often1 View Post
There is no legal requirement that you deal with the adjuster at all.

You could simply file a lawsuit and never talk with the adjuster.

If you have an amount in mind which would settle the matter for you, give that to the adjuster, tell him he has X days to get you a check and that you are filing on the X+1 day. If you have an email, put it in an email and advise that you don't want to speak.

Only do this if you are certain that there is liability and that you really will file. Nothing looks weaker in a negotiation than a threat not carried through.
All very true. The elephant in the room is the "be certain that you really will file." Fairly easy for a normal person to sue a big company in small claims court, but small claims court has $$ limits and I'd imagine that OP is looking for more than $5K or whatever the limits are. But it's going to be very difficult, time consuming and expensive for a normal person to pursue a suit like this in "real court." The adjusters know that you'll never file suit without a lawyer, and that's why they're bullies.

Originally Posted by KimchiExpress View Post
My daughter was injured in a Home Depot. The "adjuster" just kept giving me the run around and losing emails, etc. Then they would change adjusters and start over again. This is the American way - business crooks.

And if you don't have any permanently identifiable permanent injury, lawyers won't take your case.

It has been 4 years and not a dime from the "adjusters."
This guy gets it.
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Old Jun 26, 19, 12:22 pm
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Originally Posted by Barkinpark View Post
My injury most likely does not warrant a trial. What are my general strategies to maximize my settlement?
I'm not an insurance company apologist, but this statement is what helped me make a judgement in your case. Call me a hater all day long, but you clearly understand that 1) you would probably lose at a trial, and 2) are asking how you can "maximize" your settlement instead of asking how you can get fairly compensated. This is my last reply in this ridiculous thread.
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Old Jun 26, 19, 12:32 pm
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Originally Posted by s4popo View Post
I'm not an insurance company apologist, but this statement is what helped me make a judgement in your case. Call me a hater all day long, but you clearly understand that 1) you would probably lose at a trial, and 2) are asking how you can "maximize" your settlement instead of asking how you can get fairly compensated. This is my last reply in this ridiculous thread.
Nope, definitely not an insurance company apologist, folks! You're being highly unfair to OP by totally twisting his words around in the most unfavorable light possible.
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Old Jun 26, 19, 3:20 pm
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Originally Posted by Barkinpark View Post
To all those who sympathize with me: thank you.

To haters: you don't know what I am going thru'. I am in pain daily for months since the injury. This isn't fair and it's not my fault.

The adjuster just harasses me. This guy does not understand the law very well and throws out legal terms to intimate me. Fortunately, I am quite familiar with basic personal injury law. As mentioned above, insurance companies of all types collect premiums, but pay out nothing when they are obligated to.
You initially said that the injury was muscular and you now claim that you have been in pain for months. The alarm bells are ringing already. Muscular injuries usually clear up in days or weeks thanks to effective blood supply.
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Old Jun 26, 19, 7:36 pm
  #28  
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What I meant by muscular is actually "soft tissues", meaning no bone injuries. However, just because no bones are broken doesn't mean there's no pain beyond days/weeks. For example, I was rear-ended and had my spine x-rayed. The x-rays showed nothing, but I have had back pain for years since the accident. Ditto for a concussion (MRI negative)--tension headaches for 2 years.

To clarify: having a court case that most likely doesn't end up in trial does not equate that I will lose. The vast majority of personal injury and property damage cases are settled. A good example is Dr Dao vs United Airlines. A lawsuit was filed for this highly publicized incident, but it was settled.
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Old Jun 27, 19, 2:26 pm
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Originally Posted by LAX_Esq View Post
Classic FlyerTalk bootlicking. The victim is always at fault until definitively proven otherwise.

How about insurance companies own up to their insureds' mistakes and promptly and fairly pay victims' legitimate claims without them having to lawyer up?
ITA but I understand the comments in this thread. The OP doesn't ask about getting his expenses paid. He asks how to "maximize a settlement" He calls it a slip and fall. He is very short on details. Mentions an electrical failure which some posters interpret as a blown light bulb. OP never offered follow up. Soft tissue injuries are exactly the kind of injuries which are claimed by persons trying to "exaggerate" or embellish the degree of injury to increase a settlement. The "buzz" words used by the OP suggest a person exaggerating his injuries and minimizing his share of liability.

To answer the OPs original question. Hiring an attorney is probably your best course of action. If your injuries are real and significant you may find an attorney who will take it on a contingency basis. If not a demand letter from an attorney and possibly even filing a law suit may result in a settlement larger then you'd get on your own. Hopefully enough larger to cover an hourly fee.
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Old Jun 27, 19, 11:43 pm
  #30  
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Settlement amount = expenses x multiplier. I have incurred quite a lot of medical expenses and would like to pick your brains on your prior experience, if any. The bloody adjuster sounds like he works for a collection agency. Rude, harassing, and throws out random legal terms to intimidate me.
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