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Re: Don't get screwed - athletes check your ins fine print! [Slowman] [ In reply to ]
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Slowman wrote:
i don't know until i dig into this, but it *might* be that he entered as a professional. in this case they might deem it a work related clamp - a work comp exposure rather than a health insurance exposure. but then there might be an exclusion in the policy for athletic competitions. i don't know. so far i've never heard of a health insurance claim getting denied an athlete because he's an athlete.

i also thought USAT's medical payments was $75k, not $25k. i want to look into that as well.

finally, there's the $256k price tag. i've always been extremely, militantly, subversively antithetical to the idea that those with the most exposure get hit with a bill that's 4x the price paid by medicare, BX, et al.

i just would like to see if there's a way out of this that keeps everybody whole and makes everybody behave in good faith.

This is a question of state law. Worker's comp typically only applies in an employer/employee relationship. I think it would be hard for a pro triathlete to establish such a relationship, but who knows? The burden is on the employer to provide some level of coverage for injuries/death/disability without the worker having to establish employer liability for the injury. In turn, an employee typically may not bring an action for negligence against his employer. In terms of its relationship to health insurance, most state insurance codes establish the workers comp carrier as the primary payor, which does NOT mean that the health carrier can deny a claim, only that it gives the health carrier a lien against any recovery from the workers comp carrier. Also, our insured here should get some of the worker's comp lien reduced as he is in effect acting as a collection agent on their behalf.

I wish our boy best of luck and a full recovery but he needs legal counsel now.

best,
Paul
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Re: Don't get screwed - athletes check your ins fine print! [Kay Serrar] [ In reply to ]
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This exclusion does not apply to a human powered bicycle. The word "and" ties the participation section to watercraft and motorized land vehicles ONLY. If "and " was replaced by "or" the exclusion would apply to bicycling as well as running, swimming, or ping pong.


Kay Serrar wrote:
h2ofun wrote:
I just checked my personal liability umbrella with state farm.

Under exclusions it has


loss involving a watercraft or motorized
land vehicle, and arising out of any
insured’s
participation in, preparation or
practice for any:
a. race contest or competition;
b. speed contest or competition;
c. demolition contest or competition;
d. hill climbing contest or competition; or
e. jumping contest or competition;
whether or not any of these are formally organized or pre arranged.

So, reading this would seem to imply my liability umbrella does not work for a race injury?

.


interesting...

also, when it says "participation in, preparation or practice for any:
a. race contest or competition;"

could this include training for a race (hard to prove obviously), or just an accident that occurs at the event site (e.g. while warming up pre-race)?

---
Velosurance - Because Accidents Happen. Get your 5 second quote here

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Re: Don't get screwed - athletes check your ins fine print! [h2ofun] [ In reply to ]
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Your umbrella, unless endorsed with UIM coverage, would not be relevant in this situation. The policy you have may have the endorsement depending on the state you are in and when you purchased the policy. Umbrella policies provide excessy personal liability coverage. Your personal liability coverage would not pick up in this example because the OP was not liable for the accident.

Now if you were the driver, thats a different story.
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Re: Don't get screwed - athletes check your ins fine print! [h2ofun] [ In reply to ]
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Your Personal Liability Umbrella covers things for which you are liable- not injuries which you suffer.



"Honestly, triathlon is a pussified version of duathlon on that final run."- Desert Dude

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Re: Don't get screwed - athletes check your ins fine print! [h2ofun] [ In reply to ]
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h2ofun wrote:
I just checked my personal liability umbrella with state farm.

Under exclusions it has


loss involving a watercraft or motorized
land vehicle, and arising out of any
insured’s

participation in, preparation or
practice for any:
a. race contest or competition;
b. speed contest or competition;
c. demolition contest or competition;
d. hill climbing contest or competition; or
e. jumping contest or competition;
whether or not any of these are formally organized or pre arranged.

So, reading this would seem to imply my liability umbrella does not work for a race injury?

.

watercraft or motorized land vehicle AND....

At least in my reading of this, the "and" is important - it would imply if you are in a boating accident or motor vehicle accident while racing you won't be covered. A bike is not a motor vehicle.
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Re: Don't get screwed - athletes check your ins fine print! [tri_bailey] [ In reply to ]
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Socialized medicine rocks.

___________________________________________
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2020 National Masters Champion - M40-44 - 400m IM
Canadian Record Holder 35-39M & 40-44M - 200 m Butterfly (LCM)
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Re: Don't get screwed - athletes check your ins fine print! [tri_bailey] [ In reply to ]
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If you are unable to find a way for your insurance to pay your medical bills, you may want to look into options to try to reduce the bills. For Hospitals, doctors and other medical expenses they bill you an arbitrary rate, but most patients having insurance get a steep discount as their insurance companies has contract with the provider.. Often a negotiated rate which can be 25-75% of what was billed. Goal is to have the outstanding bill discounted for you if you are responsible for any or all the medical bills. There are specialists who help in this. Many people in your situation don't try to negotiate and lower their bill early enough in the process.

You may also qualify for some hospital or state program based on your income that can reduce or eliminate some of the bill.

You can appeal within the insurance company and also file a complaint with the state's insurance commissioner's office.

My suggestion would be talk with professionals that can guide you through this process both in finding out about the claim filing options (attorneys that specialize in bike accidents) as well as options of dealing with the bills if you are responsible.

If you are interested I can point you in the direction of folks that may be help you with that part of it. If you are interested send me a PM.

I'm sorry you are going through this...sucks!
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Re: Don't get screwed - athletes check your ins fine print! [realAlbertan] [ In reply to ]
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realAlbertan wrote:
Socialized medicine rocks.
+1 (as a Canadian living in US)

Doctors are just as good (crappy) in both systems, except in Canada, there aren't corporate motivation to churn/spurn treatment.
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Re: Don't get screwed - athletes check your ins fine print! [Craig P] [ In reply to ]
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Check into the uninsured motorist coverage on your car insurance for injuries medical payment. Speak with a cycling attorney. They understand the situation bbetter and have more knowledge about where you can find coverage. Heal well. Happy Holidays everyone.
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