How can I contact someone at Holland America to discuss compensation for an onboard injury?

[dhshultz]

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

 

[canadianbear]

Thank you for your update.  

[Mary229]

Thanks for the update and the answer to the overriding question of your expectations. I understood you not wanting to put forth your demands but you have restored my faith in humanity. 😉

[Sir PMP]

On 9/13/2022 at 12:27 PM, dhshultz said:

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.

Did you get a note from the doctor?

[Sir PMP]

Just now, Sir PMP said:

Did you get a note from the doctor?

Please, ignore, I just saw the comment above.

[Tampa Girl]

3 hours ago, dhshultz said:

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

 

 What damages are you sustaining by Medicare's payments for your wife's injury?  Sorry, but my legal mind is stumbling over that one.  

[SJSULIBRARIAN]

1 hour ago, Tampa Girl said:

 What damages are you sustaining by Medicare's payments for your wife's injury?  Sorry, but my legal mind is stumbling over that one.  

i was confused by that as well.

[puppycanducruise]

Thanks for the update.

[Mary229]

19 hours ago, Tampa Girl said:

 What damages are you sustaining by Medicare's payments for your wife's injury?  Sorry, but my legal mind is stumbling over that one.  

Yeah, that is just tilting at windmills.  A private individual cannot sue on behalf of Medicare.  If your insurance  company or Medicare wants reimbursement they will have to sue themselves 

[PasadenaDave]

33 minutes ago, Mary229 said:

Yeah, that is just tilting at windmills.  A private individual cannot sue on behalf of Medicare.  If your insurance  company or Medicare wants reimbursement they will have to sue themselves 

Correct, but if a Medicare recipient has a claim for damages, any sum paid by Medicare has superior rights of reimbursement prior to the individual with the claim.

 

 I applaud the OP with his persistence.  Bringing a claim against a corporate behemoth is not easy.  Throw Maritime Law and a contract of carriage into the mix along with a low staffing environment….you get the picture.

[dhshultz]

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.

[Mary229]

On 10/5/2022 at 12:31 PM, PasadenaDave said:

Correct, but if a Medicare recipient has a claim for damages, any sum paid by Medicare has superior rights of reimbursement prior to the individual with the claim.

 

 I applaud the OP with his persistence.  Bringing a claim against a corporate behemoth is not easy.  Throw Maritime Law and a contract of carriage into the mix along with a low staffing environment….you get the picture.

I wouldn’t count on this reaching fulfillment but if it happens that’s  great. 

Edited October 10, 2022 by Mary229

[Seasick Sailor]

1 hour ago, dhshultz said:

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.

 

How is your wife doing? Is she feeling better? In a cast?

 

I tripped on an NCL cruise several years ago. There was a metal strip sticking up in a doorway. Luckily I was not terribly injured. I whacked my knee and there was blood but looked worse than it felt. There was a medical team and ships officers taking care of me and many pictures taken. I refused medical treatment. Signed a release form and on our way within 2 LONG hours. I have a tiny scar on my knee no one would even see. I lived to tell about it! 

[Guest ldtr]

On 10/5/2022 at 10:31 AM, PasadenaDave said:

Correct, but if a Medicare recipient has a claim for damages, any sum paid by Medicare has superior rights of reimbursement prior to the individual with the claim.

 

 I applaud the OP with his persistence.  Bringing a claim against a corporate behemoth is not easy.  Throw Maritime Law and a contract of carriage into the mix along with a low staffing environment….you get the picture.

I expect that the cruise line would reimburse actual out of pocket expenses pretty easily.  I would also expect a good probability of being able to get other documentable losses due to the injury if it was such to create a loss of use impact, such as potentially some percentage of cruise fare for the days after the injury, missed time at work, mileage to/from Doctor appointments, etc. Things that are actual documentable impacts.  Would not expect much if they try going beyond and try and get funds for things like pain and suffering, etc.  Things that are beyond actual losses.

[dhshultz]

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....

[KroozNut]

20 hours ago, dhshultz said:

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....

Sounds like a continuing litigation 'update' to me. Just let it go, it happened and that's it... nothing more to discuss.

 

[Guardsy]

On 9/13/2022 at 1:48 PM, LHT28 said:

Of course they would get the medical report  

I did say the GM  General Manager

If HAL  assumed responsibility for the accident  you would think the pax would be compensated  

The Captain or GM can advise  HQ

Not sure how HAL acts under these circumstances

JMO

Having just gone through this in the last week, you only get a copy of the medical report if you pay a fee for it.

[Guest ldtr]

19 minutes ago, Guardsy said:

Having just gone through this in the last week, you only get a copy of the medical report if you pay a fee for it.

Define medical report.  Last time I used the Medical Center, a few months ago, I got the detailed invoice with the ICD 10 diagnosis codes just by asking.  That is usually sufficient for filing for insurance.

[Mary229]

8 hours ago, ldtr said:

Define medical report.  Last time I used the Medical Center, a few months ago, I got the detailed invoice with the ICD 10 diagnosis codes just by asking.  That is usually sufficient for filing for insurance.

As a long time self insured person that is standard in the industry and sometimes a patient must take the additional steps to get a detailed billing.  Doctors do not release their notes as a rule except from doctor to doctor which might be an option - having your home physician request copies of the medical report 

[puppycanducruise]

Thanks for the update.  I hope she continues to improve.

[dhshultz]

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.

[dhshultz]

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.

[canadianbear]

33 minutes ago, dhshultz said:

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.

At least you have communication now.  Good luck.  

[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.

[canadianbear]

Just now, dhshultz said:

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.

Thanks for the update.  Glad it’s settled.