dhshultz

OP (Presumably Final) Update #8: We have reached agreement with HAL. We are precluded from disclosing settlement terms. However, I can state that we shortly will resume cruising with HAL, moving toward our fourth Mariner star.

OP Update #7: Just received an email from the Special Advisor, Office of the President, to whom I sent a letter (by FedEx and email) on September 19. She apologized for the delay (citing COVID), sent her best wishes, and acknowledged that we are working with HAL's Risk Management Department.

OP Update #6: I sent my first email re this matter to HAL Guest Relations on August 29. Today, more than two months later, the claims adjuster (with whom I have been working for almost four weeks) received an email from Guest Relations stating that this matter is urgent and she needs to contact me right away! It would be an understatement to say that HAL has serious internal communication problems. On a more positive note, paperwork processing is going a bit faster than I expected. It appears that all costs have been documented, and X-rays have been provided; just waiting for the medical record.

OP Update #5: Answering a Q that was posted, my wife is out of her splint and has recovered reasonably well (she recently felt her wrist was strong enough to take our two dogs for a walk for the first time since she was injured). She continues to work on increasing strength and range of motion. Obtaining required documentation continues to proceed slowly....

OP Update #4: To clarify, pursuant to federal law HAL needs to reimburse Medicare before HAL agrees to a settlement with us. (One of the lawyers confirmed that this is the case; BTW, no lawyer has been retained.) If HAL first reaches a settlement agreement with us, HAL can be subject to a penalty of up to $1,500 per day from the date that the agreement was reached to the date that HAL has reimbursed Medicare. My wife contacted our medical services provider (Kaiser) and Medicare re required documentation. Kaiser documentation should be available within two weeks, Medicare within about two months. Then HAL can reimburse Medicare. Then we can agree on settlement terms. Slow, but much faster than litigation.

OP Update #3: A minor miracle: Yesterday I received (in response to my letter faxed and emailed a week ago) a call from the HAL claims adjuster merely hours before we were to select and retain legal counsel. During our conversation, she apologetically and graciously pointed out the following: - The on-ship manager messed up by providing the business card for a claims individual who left HAL more than two years ago rather than providing the current adjuster's contact info. - The adjuster was the one who approved removing the medical charges from our folio prior to disembarkation. - All of the other contacts that I attempted (to the President, etc.) should have been forwarded to the adjuster but were not. - She thought about initiating contact with us, but she refrained because she did not want to be intrusive. We discussed a basis for resolving this matter. However, before we can agree on details, HAL must reimburse Medicare (yes, we are senior citizens) for all amounts it is paying because of this injury. If HAL reaches a settlement with us before Medicare is paid, HAL can be subject to a daily financial penalty. So, the near-term tasks include completing and signing forms, making phone calls, and obtaining medical records. With luck, this matter will be resolved within three months - much faster, and much less acrimoniously, than if we had proceeded with litigation. General HAL guest injury contact points (not all claims necessarily would go to the individual with whom we are working): Claims@HollandAmerica.com 661-753-1595

OP Update #2: Having spoken with three maritime litigators at this point, we have obtained the following insights concerning why HAL has not responded to us concerning my wife's injury: First, HAL is backlogged. Every cruise, on every ship, has multiple personal injury claims. HAL still is dealing with COVID-related claims from earlier in the pandemic! Plus, HAL has not had its own Guest Injury Claims individual for about one year. Such claims now are processed by an individual in the Princess offices in SoCal. Typical claim turnaround time now is approximately one year. Second, HAL's Cruise Contract (see Section 17(A)(i)) requires that HAL be notified of the injury within six months and that suit be filed within one year. Most guests are not aware of these limitations. Accordingly, HAL has a perverse (to the guest) incentive to sit back and do nothing. 90+% of guests fail to comply with these time limits, thus HAL's liability with respect to their claims disappears. We have tried reaching out to two more individuals (Mariner Society agent, who said he would email the claims supervisor, and the claims individual in SoCal). If we do not hear back from anyone by this Friday, we will retain litigation counsel.

OP update: I sent a letter, by FedEx and email, to HAL’s President. No reply. (Responding to a query in this thread, the injury was documented by Security and the Medical Center on the ship.) An acquaintance, who used to practice maritime law, recently told us that in situations such as ours, cruise lines do not respond to passenger queries – they respond only to communications from lawyers. Accordingly, this weekend my wife and I will select a suitably experienced law firm to represent us (there are quite a few to choose from). We would have preferred to avoid litigation (and I so stated in my letter to HAL’s President), but HAL has forced us to move in this direction. Some participants in this thread have asked which type of compensation we are seeking. At this time, I consider it to be in our best interests not to disclose that information (sorry).

Thank you, all, for the recommendations. This weekend my wife and I will decide how to proceed.

How can I contact someone at Holland America to discuss compensation for the broken wrist that my wife suffered on the Oosterdam last month due to HAL’s negligence (baseboard water leak produced a small stream across the smooth stone portion of a hallway)? A manager on the ship provided a phone number that no longer is in service. An email two weeks ago to an address our travel agent provided (guestrelations@hollandamerica.com) has not been answered. Telephone calls to a number that our travel agent provided (800-599-8256,6) are on hold forever (last time I gave up after more than an hour). So far, our travel agent’s efforts to make contact on our behalf via the Sales department have been fruitless. Even after the injury, our feelings about HAL generally were positive. We are 3-star Mariners, and we have had Neptune Suites on recent cruises (shipboard personnel have been great). But as every day passes without resolution of this matter, our opinion of HAL diminishes. It will be a loss for everyone if the only way to resolve this matter is to file a lawsuit.