Didn't want to spend Superbowl Sunday this way...

Discussion in 'The Watering Hole' started by AfterBurners, Feb 3, 2020.

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  1. Feb 3, 2020 #1

    AfterBurners

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    laid up in the ER.

    I was out walking my dog in the morning and walked past this house. And some lady left 3 of her labs out the front door without a leash as I walking past her house. I'm assuming she may not of seen me, but all 3 came at me. I had to fight off all 3 because they were aggressive and in the process I lost my balance and fell into a car parked on the side of the street. When I fell full force I hit the side mirror and busted it up and then hit the ground on my back.

    I dropped the F bomb a few times on this lady and although she came out with a bag of ice that didn't do anything to calm me because of her plan stupidity. I got up walked away and took my dog home.

    I thought I was fine when I got home, but a couple hours later I got a fever and was feeling sick and then I really started to feel the pain in my side where I hit the mirror. I was concerned if I may have a concussion.

    I had a 106 fever, high blood pressure and my heart rate was 129, which should be between 60-90, I ended up getting a CT scan, x-rays, blood work and had to have two IV to help with bringing down my heart rate. I released 5 hours later.

    After a good nights rest and taking the prescribed medication I feel much better now. I'm still sore, but I'm still in pain when I move a certain way. I took the day off work, but uncertain if I'll be in tomorrow?

    When I'm feeling better I'm going to go back and talk to this lady and find if we can settle up my out of pocket medical expenses? I think it's only fair that she pay for it. I don't like the idea of going to court and feel I should at least give her an opportunity to make good on the expenses.

    Anyway hope you guys had a better day.
     
  2. Feb 3, 2020 #2

    neil_w

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    Good grief that is a heck of a bad day. Hope you recover quickly!
     
  3. Feb 3, 2020 #3

    SecondRow

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    Depending on the type of injuries you sustained, your health insurance company might contact you about what happened. If they think someone else caused it, they may try to subrogate the claim and make her pay for it all. Of course, you still need to make sure you’re still made whole by getting your out of pocket back.
     
  4. Feb 3, 2020 #4

    SDramstad

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    Dude, file a police report.
     
  5. Feb 3, 2020 #5

    djs

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    Just a thought, but what if you were an 84 year old woman (assuming you're not)? The damage could have been a whole lot worse. If you don't follow up on this with your insurance and maybe the police, it could happen again to someone else? Or this is the third time this has happened and nothing has been done about it?

    I bet your insurance will be happy to go against her homeowners insurance- if nothing else because they won't want to pay out the costs for all your medical expenses.

    Also, might want to check if any of the surrounding neighbors have doorbell cameras. Maybe they caught some of this on video, so it doesn't become a he-said, she said situation?
     
  6. Feb 3, 2020 #6

    crossfire

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    Years ago I was going into my bank a lady with a dog on a leash broke free from her and attacked me and bite my leg. Not a bad bite but it did draw blood and needed 3 butterflies. The lady was basically homeless so I didn't press any charges. I paid medical bill myself and moved on. Not saying that is what you should do.
     
  7. Feb 3, 2020 #7

    Mushtang

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    Definitely get a police report filed for all the reasons mentioned.

    And for another reason... if this does end up in court someday and her attorney asks, "If it was such a big deal why didn't you call the police and file a report? Instead you returned to harass my client and try to extort some money out of her." And it won't look good. I know you're just trying to be nice and make it easier on everybody, but nice guys finish last. Cover your butt.
     
  8. Feb 3, 2020 #8

    Bat-mite

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    Man, that sucks! Did it end up being a concussion or something else?
     
  9. Feb 3, 2020 #9

    WhiskyTangoFoxtrot

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    Who pays for the busted side mirror?
     
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  10. Feb 3, 2020 #10

    AfterBurners

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    So here's the update. I called animal control and reported her and they will be sending her "strong" language letter reminding her the laws when owning pets and what can happen if you don't obey the law. I did this basically to get a file on her so if later someone ask why didn't call animal control well now I can say I did. I called the police and they told me what I thought. This is more of a civil matter than a criminal. The dispatcher said it would be best to retain a lawyer.

    So DJS in post #5 seems to be the best option and makes more sense. Let my insurance company go after her.

    I don't make too many hospital visits so the insurance I got has a $2500 deductible, though I'm considering changing it next year now. I talked to my boss and she said to take another day off, she pretty much insisted on it so I will. She went on to mention that the company also offers free legal service, but you need to sign up for it. It's $5 month, so on open enrollment I plan on adding that ass well.
     
  11. Feb 3, 2020 #11

    AfterBurners

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    No concussion, but my body was in shock I guess because of the fall and the pain, which spiked my blood pressure and heart rate. This caused my fever to hit 106. When they told me it was 106 I thought it was a joke. I never experienced a fever like that. When I was about to discharged it was like 126 so they had to give me IVs to bring it down to 105.
     
  12. Feb 3, 2020 #12

    rfjustin

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    This. If its not documented, you have less avenues to explore.
     
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  13. Feb 3, 2020 #13

    AfterBurners

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    Not sure if that was her car parked there or belonged to someone else? I would assume she would because of the chain reaction. I drove by her house and it looks like someone cleaned up the broken pieces so I would think she took care of it.
     
  14. Feb 3, 2020 #14

    Steven

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    On the bright side, you didn't lose any rockets. See how I fixed that?
     
  15. Feb 3, 2020 #15

    AfterBurners

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    True now if the pain would go away on my side
     
  16. Feb 3, 2020 #16

    Marc_G

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    Absolutely file a police report. If the lady let her dogs out without a leash it is a crime. Don't let the lazy cop fail to document it.

    I am well insured, but if this happened to me the out of pocket cost would probably be several thousand dollars for deductible/copay. That's assuming the hospital is in network. The total bill sent to insurance will be $10,000-$30,000 based on what you described. They (insurance) will want to go after whoever caused it.

    Getting footage from any nearby cameras showing you and your dog were on leash will be useful, even if it doesn't show the attack.

    The owner of the broken mirror car will also want to know what's going on.

    Also consider that this may not be a passing thing. My wife was concussed in an auto accident and missed 10 months of work. And still has lingering issues years later.

    Keep your options open by assembling a case even if you don't plan to sue at the moment.
     
  17. Feb 3, 2020 #17

    Marc_G

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    Oh, and insurance won't recover anything for you, they will just cover their own losses. If you want to get your payments and lost wages etc back you will need to sue.
     
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  18. Feb 3, 2020 #18

    lakeroadster

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    Yikes, what a mess. Hope you get to feeling better.

    I'm in the camp with the folks that say to file a police report. You need to protect yourself (and your family) in the event the health issues continue or even get worse. The events need to be documented while they are still clear in your mind, and in the woman's mind that let the dogs out. CYA

    Initially I was going to suggest that you call the insurance and ask them if you should file a police report..... but upon further review... Nope, just do it yourself.

    With all due respect to dispatchers... don't make your decision based on what the dispatcher says. I've known a few and they weren't "law" savvy, they were just good at answering phones and keeping track of a multitude of things that were going on.
     
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  19. Feb 3, 2020 #19

    Marc_G

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    One other thing. If you fell onto the guy's car and broke his side mirror, you are responsible for paying to have it fixed. Presumably somebody came out and found their mirror broken and reported it to the police as a crime.

    If you don't get this on the record with the police it could come back to bite you. No pun intended.

    However because your fall was caused by the lady's dogs, you can go back and get payment from her to cover what it costs to fix the mirror. All of this is intricately wrapped up and I am not a lawyer nor experienced in how these things are handled in California.

    But I will say you need to make sure that you are covered getting this all on the record with the police including the damage to the car.
     
  20. Feb 3, 2020 #20

    BBowmaster

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    An increasingly large percentage of pet owners (mostly dogs) have no sense of responsibility for their pets. Dogs not on leashes, or on a 30’ retractable leash, taken into grocery stores and restaurants, freely running around the inside of a car...

    I love animals. I’m definitely a dog person too. But they are not legally responsible entities. Also, not everyone likes animals, so an “aggressively friendly” dog is really just aggressive to those people. And every case where I’ve seen one dog on a leash and another not, it goes badly for the properly leashed dog.

    It’s unlikely anyone speaking to her will make her realize she is being irresponsible, but if it costs her money through her insurance or otherwise, perhaps she’ll pay attention.
     
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  21. Feb 3, 2020 #21

    Marc_G

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    Just don't threaten to take away my comfort elephant.
     
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  22. Feb 4, 2020 #22

    AfterBurners

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    Good point I'll take that into consideration
     
  23. Feb 4, 2020 #23

    AfterBurners

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    Well that looks like what I'll do. I kinda of figure.
     
  24. Feb 4, 2020 #24

    Marc_G

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    For now get on record and assemble documentation. Hopefully you won't have lasting damage from this event but it may be some time before you know. Don't be in a rush to wrap it up.

    It is common with concussions for there to be rapid improvement (time frame:days) then onset of more severe symptoms (weeks).
     
  25. Feb 4, 2020 #25

    AfterBurners

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    So just an update - I contacted my health insurance provider and told them what happened. I was transferred to a department that handles these sort of claims and the girl explained to me that I need to contact the individual and get the following from her.

    Her Home Owners Insurance Company ( I would want a copy of the policy number as well)
    Her name and address

    From there when the bills arrive I would have to file claim against her home owners insurance for my out of pocket expenses and my insurance company would file a claim for the balance. This has been documented as an accident at the hospital so there are complete records or my treatments and injuries. I will go down to the police station later and speak with someone at the front desk to see if I get the same answer that this is strictly a civil matter.

    So I went by her house to confront her. I rang the door bell and knocked on the door. No answer. I did notice that no dogs were barking, but I also noticed she had the "RING" camera doorbell setup so maybe she didn't want to answer the door?

    I also noticed that her ring camera points directly at the side of her yard / sidewalk where the confrontation took place. I'm not sure exactly how RING works, as far as the details. Can the home owners view you when you approach the front door or is that only when you ring the doorbell? I also wonder is the RING system always recording? Does any of you have one of these systems?
     
  26. Feb 4, 2020 #26

    djs

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    We have one- it records motion in front of the door (and alerts the owner), not just doorbell rings. The range (degrees of width and distance) is configurable by each device. ours has about a 160 degree field of vision, and maybe 30 feet forward from the door
     
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  27. Feb 4, 2020 #27

    AfterBurners

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    So basically they can hide behind this device and refuse to answer their door or respond correct?
     
  28. Feb 4, 2020 #28

    djs

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    Sure- they could use it to see who's approaching the door- it's no different than just peering through the window :)
     
  29. Feb 4, 2020 #29

    Marc_G

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    Some cops can access some Ring systems, by the way. Agreement with Amazon. Really disturbing panopticon situation.
     
  30. Feb 5, 2020 #30

    AfterBurners

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    My sister offered to gather the information for me since this lady doesn't know her. She went by yesterday and found out through the neighbors her first name and that she's usually home from work at 4:30 pm so one day this week she'll stop by after work and politely explain what happened and ask for her home owners insurance and policy # so this can get resolved in a timely manner...I hope? I hope this lady understands that this would probably be the best bet for her to handle it this way.
     

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