G'ma Posted April 14, 2009 #51 Share Posted April 14, 2009 In 2008 Had a terrible shore excursion accident, tripped and broke my leg. The Doc on board of the Island Princess, new it was fractured, but the radiologist they had to send it to in Texas said it was not, the Doc kept trying, but I think someone else must make the final decision. Even though we had insurance they did not evacuate me and 11 days later after being in bed all the time, since I could not walk, Immediately when we got home I went to my Dr and had an MRI, and Yes it was fractured and had started to heal. Well after 3 weeks in bed, because this is a non weight bearing and non castable fracture it still slipped and I had to have surgery twice. Thank god for travel insurance. But even though we had evacuation insurance I would have been better off to be evacuted and had the surgery right away, but some high up decided not to evacuate me. Now 14 months later I am still recovering and travel insurance only covers for a year of what your insurance does not cover. I will say everyone on board was great. But the attorneys at Princess HQ have a lot to be desired. I wanted just to get some cruise credit and tried to talk to passenger relations. I had no intention of suing, but since it was an accident it immediately went to their attorneys (not my choice) and they will not allow me to talk to cruise relations. When I tried cruise relations was very nice but said they were not allowed to talk to me. Which really stinks, we are platinum members and still plan on cruising, but you would have thought they would have wanted to do something for us. But the attorney gave me $250 toward another cruise and my husband nothing, said it was not their fault. Which was true, except we did have insurance for evac for up to $50,000 they should have evacuated us right away. I was in terrible pain for over 11 days and now over a year later. I can add never travel without travel insurance at least it covered what our medical did not for a year. I just wish we could have talked to cruise relations. This may not be over yet. You can't expect them to talk to someone who is obviously blaming them for not doing what they could medically. They are expecting a lawsuit and will not talk to you at all. They may communicate with your attorney, however. Link to comment Share on other sites More sharing options...
smeyer418 Posted April 14, 2009 #52 Share Posted April 14, 2009 if its been more than a year you are wasting your time. The only way to go is to a traveler ombudsperson. The contractual statute of limitations has expired. The princess lawyer closed the case. here is the section from the Princess contract 16. NOTICE OF CLAIMS AND ACTIONS; TIME LIMITATION; ARBITRATION; FORUM. The following provisions are for the benefit of the Carrier and any agents, independent contractors, concessionaires and/or suppliers of Carrier: * (A) Notice of Claims and Time Limits for Legal Action: o (i) Claims for Injury, Illness or Death: In cases involving claims for emotional or bodily injury, illness to or death of any Passenger, no lawsuit may be brought against Carrier unless (1) written notice giving full particulars of the claim is delivered to Carrier within 6 months from the date of the injury, illness or death, (2) a lawsuit on such a claim is filed within 1 year from the date of the injury, illness or death, and (3) valid service of the lawsuit is made within 90 days of filing the complaint. o (ii) All Other Claims: No claim of any kind, including without limitation alleged violations of civil rights, discrimination, consumer or privacy laws, or other statutory, constitutional or legal rights, or for any losses, damages or expenses relating to or in any way arising out of or connected with this Passage Contract or Passenger’s cruise, other than for emotional or bodily injury, illness or death of any Passenger, shall be brought against Carrier unless (1) written notice giving full particulars of the claim is delivered to the Carrier within 15 days of the scheduled termination date of the Cruise as specified in connection with this Contract, (2) legal action on such claim is commenced within 6 months from such scheduled termination date, and (3) valid notice or service of any such action is effected upon Carrier within 90 days after commencement of the action. * (B) Forum and Jurisdiction for Legal Action: o (i) Claims for Injury, Illness or Death: All claims involving emotional or bodily injury, illness to or death of any Passenger whatsoever arising out of or relating to this Passage Contract or Your Cruise shall be litigated before a court of competent jurisdiction located in either Santa Clarita or Chatsworth (located in the County of Los Angeles,) California, U.S.A., to the exclusion of the courts of any other country, state, city, municipality, county or locale. You consent to jurisdiction and waive any objection that may be available to any such action being brought in such courts. Link to comment Share on other sites More sharing options...
kooljamming Posted April 14, 2009 #53 Share Posted April 14, 2009 Just my cynicism but Travel Insurance (Insurance in general) compaines are just like Princess, they are in it to make money and not the benevolent institutions that we sometimes believe them to be. I'm not picking sides here just pointing out that with any policy the devil is in the details and those details are very often written in favor of the insurer over the insured. I agree. I smile when I read how do I love thee Princess, but it's a business. Successful businesses remain that way by watching their bottom line and not yours. I purchase travel insurance primarily for the medical and evacuation coverage. Now I hope that I can leave when I need to, not when they decide to. OP - you have given some of us who may need or use medical coverage something to think about. Link to comment Share on other sites More sharing options...
Guest shaverg Posted April 14, 2009 #54 Share Posted April 14, 2009 I agree. I smile when I read how do I love thee Princess, but it's a business. Successful businesses remain that way by watching their bottom line and not yours. I purchase travel insurance primarily for the medical and evacuation coverage. Now I hope that I can leave when I need to, not when they decide to. OP - you have given some of us who may need or use medical coverage something to think about. Thanks, then I have served my purpose. The other people that seem to think this should have been a lawsuit, just don't get it. It seems like I have helped someone. GOOD. Also the others, need to walk in my shoes and see how you try to do the right thing and how frustrating it can be. We have been cruising since the 70's, I never thought this would happen to me. It can happen to anybody anytime. Maybe the ones that are being so judgemental will think twice when and if it happens to them. We are not talking about a sore throat. Unless you know what it is like to have a broken leg basically untreated for over a week and the long time results from not having the surgery within hours instead of days. But it is always easy to judge someone else. I had some wonderful times on Princess too, but this definitely puts a a dark cloud over the next trip. Link to comment Share on other sites More sharing options...
Guest shaverg Posted April 14, 2009 #55 Share Posted April 14, 2009 if its been more than a year you are wasting your time. The only way to go is to a traveler ombudsperson. The contractual statute of limitations has expired. The princess lawyer closed the case. here is the section from the Princess contract 16. NOTICE OF CLAIMS AND ACTIONS; TIME LIMITATION; ARBITRATION; FORUM. The following provisions are for the benefit of the Carrier and any agents, independent contractors, concessionaires and/or suppliers of Carrier: * (A) Notice of Claims and Time Limits for Legal Action: o (i) Claims for Injury, Illness or Death: In cases involving claims for emotional or bodily injury, illness to or death of any Passenger, no lawsuit may be brought against Carrier unless (1) written notice giving full particulars of the claim is delivered to Carrier within 6 months from the date of the injury, illness or death, (2) a lawsuit on such a claim is filed within 1 year from the date of the injury, illness or death, and (3) valid service of the lawsuit is made within 90 days of filing the complaint. o (ii) All Other Claims: No claim of any kind, including without limitation alleged violations of civil rights, discrimination, consumer or privacy laws, or other statutory, constitutional or legal rights, or for any losses, damages or expenses relating to or in any way arising out of or connected with this Passage Contract or Passenger’s cruise, other than for emotional or bodily injury, illness or death of any Passenger, shall be brought against Carrier unless (1) written notice giving full particulars of the claim is delivered to the Carrier within 15 days of the scheduled termination date of the Cruise as specified in connection with this Contract, (2) legal action on such claim is commenced within 6 months from such scheduled termination date, and (3) valid notice or service of any such action is effected upon Carrier within 90 days after commencement of the action. * (B) Forum and Jurisdiction for Legal Action: o (i) Claims for Injury, Illness or Death: All claims involving emotional or bodily injury, illness to or death of any Passenger whatsoever arising out of or relating to this Passage Contract or Your Cruise shall be litigated before a court of competent jurisdiction located in either Santa Clarita or Chatsworth (located in the County of Los Angeles,) California, U.S.A., to the exclusion of the courts of any other country, state, city, municipality, county or locale. You consent to jurisdiction and waive any objection that may be available to any such action being brought in such courts. You don't get it. I know all about this. Ever had a bad accident while traveling? Link to comment Share on other sites More sharing options...
smeyer418 Posted April 14, 2009 #56 Share Posted April 14, 2009 You don't get it. I know all about this. Ever had a bad accident while traveling? yes and I took care of it, because it was no one fault. I get it you want to whine to people who can do nothing about it. All I did was point out what you should do to get what you want. If its been over a year, Princess has closed the book on the case. If you want to be heard in a meaningful way contact one of the ombudspeople. if you want to cry in your beer and do nothing write it here. You don't get it. We can't do anything to help you. We are sorry you were/are injured but get off you butt and do something about it. Write someone in the media. You can't sue anymore although that should be confirmed by an attorney who gets all the facts, we don't know enough to say that for sure(there is something called equitable tolling of a limit but I don't want to explain that here either). Please don't waste your time responding to me, I am not listening anymore. Link to comment Share on other sites More sharing options...
PescadoAmarillo Posted April 14, 2009 #57 Share Posted April 14, 2009 I know you said you do not want to sue, but, frankly, Princess, or any company, is not going to step up to the plate unless you do sue, or at least hire an attorney. That's the way these things go. At this point, the legal department at Princess is in control of this situation, and they are not going to make the kind of offers that Customer Service might have, at one point in time. As for being outside of the statue of limitations set forth in Princess's contract...I am not a lawyer but have been peripherally involved in a couple of these sorts of things. Is this not unlike when you have surgery, and you sign forms stating that, if you die, it is not your surgeon's fault? Still, in those cases, lawyers do sue for malpractice, very successfully. So I'm not sure I would take the statue of limitations, as defined by Princess, to be the last word. For personal injury in our and most states, the statute of limitations is TWO years, not one. I recommend contacting an attorney to at least discuss your options at this point. You being a nice person, you not want to sue, means nothing to Princess. They will only allow their lawyers to talk to your lawyer at this point, so without a lawyer, you don't have a leg to stand on (and trust me, there was no pun intended with that, having been in a similar situation myself once). Link to comment Share on other sites More sharing options...
ibfern Posted April 14, 2009 #58 Share Posted April 14, 2009 Actually this is the perfect place as a Platinum Princess member and I have tried all avenues except suing, which I don't plan on doing. I am hoping finally someone in Passenger relations might take notice before they don't have someone as nice as I am and maybe they will get sued. Like I said crew was great it is the people they have working in their claims dept. I have called, written letter and just want something for our trouble and maybe to get my PT covered until I am fully recovered. Colo Cruiser, I hope this never happens to you. We live in a litigious society where anybody can sue anybody for any reason, and they do. You may think you are being nice, but if you are not protecting yourself you are not being good to you. If your not suing, the implication is that it was nobody's fault, so why would Princess take notice? If they have some culpability, why are you not suing them? Link to comment Share on other sites More sharing options...
Guest shaverg Posted April 14, 2009 #59 Share Posted April 14, 2009 I know you said you do not want to sue, but, frankly, Princess, or any company, is not going to step up to the plate unless you do sue, or at least hire an attorney. That's the way these things go. At this point, the legal department at Princess is in control of this situation, and they are not going to make the kind of offers that Customer Service might have, at one point in time. As for being outside of the statue of limitations set forth in Princess's contract...I am not a lawyer but have been peripherally involved in a couple of these sorts of things. Is this not unlike when you have surgery, and you sign forms stating that, if you die, it is not your surgeon's fault? Still, in those cases, lawyers do sue for malpractice, very successfully. So I'm not sure I would take the statue of limitations, as defined by Princess, to be the last word. For personal injury in our and most states, the statute of limitations is TWO years, not one. I recommend contacting an attorney to at least discuss your options at this point. You being a nice person, you not want to sue, means nothing to Princess. They will only allow their lawyers to talk to your lawyer at this point, so without a lawyer, you don't have a leg to stand on (and trust me, there was no pun intended with that, having been in a similar situation myself once). Thanks, I know I could still file if I wanted to. Especially since I am still being treated for the accident. In fact I am still talking to their passenger claims dept. Which tells me they have not closed the case. The guy is actually getting more courteous. Which makes me wonder why. I know their are a lot of people on this site that seem to think they know alot about the law. Which makes me wonder if they have been in a lot of litigation. Link to comment Share on other sites More sharing options...
kooljamming Posted April 14, 2009 #60 Share Posted April 14, 2009 Thanks, then I have served my purpose. The other people that seem to think this should have been a lawsuit, just don't get it. It seems like I have helped someone. GOOD. Also the others, need to walk in my shoes and see how you try to do the right thing and how frustrating it can be. We have been cruising since the 70's, I never thought this would happen to me. It can happen to anybody anytime. Maybe the ones that are being so judgemental will think twice when and if it happens to them. We are not talking about a sore throat. Unless you know what it is like to have a broken leg basically untreated for over a week and the long time results from not having the surgery within hours instead of days. But it is always easy to judge someone else. I had some wonderful times on Princess too, but this definitely puts a a dark cloud over the next trip. Your purpose is well served! Some people truly don't get the PURPOSE of the board. It can be a tool to provide information on more than buffets, cabins and excursions. I understand your desire NOT to sue. Once it was clear that my doctor misdiagnosed my heart condition, many thought I was going to be living high on the hog. All I wanted was a good heart surgeon to make me well. To this day, I feel better that Dr. Gundry was able do that at Loma Linda, than any money I could have gotten for pain and suffering (there were a lot). Having someone say it's one thing, knowing it's something else, hurts more than the injury itself. I hope I will never need to use the medical coverage but now I know better what to expect. We can't do anything to help you but you have helped at least one person be better prepared. Isn't that the true love of travel ?. Sharing experiences or lots of pics to make others going where you have been a bit wiser:D There are a lot of people on this board who treat Princess as a sick child or a beloved spouse. Theire defenses go up when anything take shine off the ship. In the end, all it is is a company that sails ships...yes pretty ships which are still THINGS! Link to comment Share on other sites More sharing options...
Kruising Katt Posted April 14, 2009 #61 Share Posted April 14, 2009 Shaverg, Thank you so much for posting about your experience. It's certainly made me more aware of what can happen on a cruise if you have a medical situation. The information will make me better prepared if something comes up for DH or me. You've had a bad time of it and I hope the worst is behind you. Thanks again for sharing with us. Link to comment Share on other sites More sharing options...
Guest shaverg Posted April 14, 2009 #62 Share Posted April 14, 2009 Pauline, Thank you for being so kind.:) Link to comment Share on other sites More sharing options...
Guest shaverg Posted April 14, 2009 #63 Share Posted April 14, 2009 Shaverg, Thank you so much for posting about your experience. It's certainly made me more aware of what can happen on a cruise if you have a medical situation. Theinformation will make me better prepared if something comes up for DH or me. You've had a bad time of it and I hope the worst is behind you. Thanks again for sharing with us. Thanks, Katt.:) Link to comment Share on other sites More sharing options...
notentirelynormal Posted April 14, 2009 #64 Share Posted April 14, 2009 yes and I took care of it, because it was no one fault. I get it you want to whine to people who can do nothing about it. All I did was point out what you should do to get what you want. If its been over a year, Princess has closed the book on the case. If you want to be heard in a meaningful way contact one of the ombudspeople. if you want to cry in your beer and do nothing write it here. You don't get it. We can't do anything to help you. We are sorry you were/are injured but get off you butt and do something about it. Write someone in the media. You can't sue anymore although that should be confirmed by an attorney who gets all the facts, we don't know enough to say that for sure(there is something called equitable tolling of a limit but I don't want to explain that here either). Please don't waste your time responding to me, I am not listening anymore. I don’t think the OP wants anyone to do anything. Nor do I think the OP was whining. It seems you and a few others are the ones that don’t get it. The OP has stated repeatedly that she has no desire to sue and doesn’t care what the time frame to do so is or about getting a lawyer. Those comments are coming from you and others. She has stated repeatedly that she has no desire to sue and that her entire purpose was to make people aware that travel insurance isn’t a 100% guarantee that life will be rosy if you need it. The only thing she has asked Princess for is a credit for the unused days of the cruise for her and her husband. Link to comment Share on other sites More sharing options...
ptcruzers Posted April 14, 2009 #65 Share Posted April 14, 2009 gertz and Colo Cruiser are correct- get a good lawyer and stop discussing on a public forum, you could compromise the outcome. good Luck!! Link to comment Share on other sites More sharing options...
Guest shaverg Posted April 14, 2009 #66 Share Posted April 14, 2009 gertz and Colo Cruiser are correct- get a good lawyer and stop discussing on a public forum, you could compromise the outcome. good Luck!! You did not have to check it out. This is not just for kudos for the cruise lines. I think it is called Cruise Critic. Unless you bring these things out to the public, unsuspecting passenger end of expecting things, like if you have travel insurance you will be taken care of. It is especially important for newbees to know what to expect. I have been cruising for years and assumed since I paid royally for services and insurance, I could expect something in return. None of this was free. Link to comment Share on other sites More sharing options...
LuAnn Posted April 14, 2009 #67 Share Posted April 14, 2009 is that everyone on this thread can take from it that you, as the patient and/or a loved one of a patient, has to be the patient advocate. Unfortunately, as has been shown on this thread, having "insurance" doesn't mean that you get the right type of care, at the right time, in the right way. I have been a health care professional for many years and have dealt with insurance companies over and over again...both on behalf of patients in the care of the physicians I worked with and for my own loved ones. The question of compensation aside, which IMO is another issue, I hope that my fellow CC members will please speak up if they have concerns regarding the care they are receiving...in any environment, rather on land or sea, and continue until they are heard. But my main hope would be that we all travel safely LuAnn Link to comment Share on other sites More sharing options...
Crown Prince Posted April 15, 2009 #68 Share Posted April 15, 2009 Write to them. They will be very interested: http://www.concierge.com/cntraveler/contact/editor ;););););) Link to comment Share on other sites More sharing options...
SirDomino Posted April 16, 2009 #69 Share Posted April 16, 2009 Who was your Travel Insurance through? I have heard Medexassist is a very good company that works hard to get you the best care. But I have never personally had to use them. Link to comment Share on other sites More sharing options...
Traveling52 Posted April 17, 2009 #70 Share Posted April 17, 2009 I don't really think the ship medical crew has final say, there is some other powers that be, that takes over. Our Doctor called every day to say he was working on it and trying to talk to the cruise insurance people and they kept wanting more documentation or had not returned his calls. This was the Princess insurance too. He did say they would pay quickly when we got home and they did. Who was your Travel Insurance through? I have heard Medexassist is a very good company that works hard to get you the best care. But I have never personally had to use them. It looks like it was through Princess. Link to comment Share on other sites More sharing options...
h3rjp Posted April 17, 2009 #71 Share Posted April 17, 2009 gertz and Colo Cruiser are correct- get a good lawyer and stop discussing on a public forum, you could compromise the outcome. good Luck!! I agree. Even if you have no real intention of suing, why not contract a lawyer to talk to princess on your behalf? If you only want to raise awareness, mission accomplished. If you do want a cruise credit, hire a lawyer, and tell him / her this is the outcome you want and they can aurge your case for you. Link to comment Share on other sites More sharing options...
smeyer418 Posted April 17, 2009 #72 Share Posted April 17, 2009 I don"t know if you noticed but the original posters name is no longer bolded and his number of post count is now na. Looks like he resigned from cruise critic.... Link to comment Share on other sites More sharing options...
jagsfan Posted April 17, 2009 #73 Share Posted April 17, 2009 the original posting showed n/a, and the OP was in lower case and identified as a guest. First time I've noticed guest rather than cool cruiser or better. Link to comment Share on other sites More sharing options...
smeyer418 Posted April 17, 2009 #74 Share Posted April 17, 2009 the original posting showed n/a, and the OP was in lower case and identified as a guest.First time I've noticed guest rather than cool cruiser or better. when he first posted it had when he joined and number of posts...he has resigned and closed his account I think. Guests can not post. Link to comment Share on other sites More sharing options...
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