What Would You Do?

[ssbn611]

Here’s the scenario.

My 34 year old son was playing at a local course and using course provided EZ Go golf cart. According to him, something broke in the steering mechanism which caused the cart to crash, not hard, into a tree. He reported this to pro shop who requested his insurance info. He reminded them that cart broke during normal use and that lead to hitting the tree. Course tried to put in claim against his insurance which was denied. Expecting the course to continue to pursue reimbursement even though his three playing partners will confirm the cart broke during normal use. Oh, and the cart was new. I have zero reason to doubt his story because he drives like my grandmother whenever I’ve been in a cart with him. 

Anyone have any similar experience and what was the outcome?

[Buckeyebowman]

Tell him to talk to a personal injury attorney. The course probably has an attorney on retainer, and if they decide to use them, your Son will need representation.

[boogielicious]

9 hours ago, Buckeyebowman said:

Tell him to talk to a personal injury attorney. The course probably has an attorney on retainer, and if they decide to use them, your Son will need representation.

His son's insurance company has attorneys. They will go after the course for the claim. 

[Eric C]

Generally, given that your insurance company denied the claim, if the the golf courses insurance company wishes to pursue the claim it goes to a third party arbitrator who will investigate and make an independent/impartial decision.  No need, IMO, to hire an attorney in this situation.

[mcanadiens]

I'd be stunned if it goes any further than the course trying to put in the claim. 

So what does one of those things cost? Is $8K about right? Even if the cart was totaled and the lawyer is on retainer, it sounds like a pretty minimal return on investment of the time. If the course doesn't have a lawyer on retainer, forget about it. 

 

 

 

 

[Patch]

At some point I would guess someone is going to ask if the brakes failed too. If it even goes that far. 

My nephew rear ended me and his dad. The impact cracked the front of his cart. He reported it, but nothing was done. 

[The Hook Meister]

I have never had this happen to me. Iv'e had a cart or two were the battery died in thew middle of a round. I would not worry to much at this point. Someone will have to inspect the cart to see if there was no mechanical problems.

[Buckeyebowman]

On 4/18/2018 at 7:31 AM, boogielicious said:

His son's insurance company has attorneys. They will go after the course for the claim. 

Since the Son's insurance company denied the claim, suppose the course decides to go after the Son personally? Also, the Son has made no claim, the course did!

It usually costs nothing for a consultation with a personal injury attorney since they work on a percentage.

Let's face it, lawyers rule the world these days! It's been said that lawyers are like nuclear weapons. The world would be a better place if they didn't exist, but they do. So, if the other guy has one, you'd better have one too!

[boogielicious]

9 hours ago, Buckeyebowman said:

Since the Son's insurance company denied the claim, suppose the course decides to go after the Son personally? Also, the Son has made no claim, the course did!

It usually costs nothing for a consultation with a personal injury attorney since they work on a percentage.

Let's face it, lawyers rule the world these days! It's been said that lawyers are like nuclear weapons. The world would be a better place if they didn't exist, but they do. So, if the other guy has one, you'd better have one too!

The course made a claim against the son's insurance company. Same as it was a rental car. If his insurance company denies the claim, the course's insurance company will have to pay the claim. It's the insurance companies that will fight each other. Now if the son's insurance company says he is not covered, that is a different story. Personal injury lawyer would be the wrong type either way.

[ssbn611]

I appreciate all the responses. Here's the update which makes the whole episode even more ridiculous.

My son describes the front cart wheels as appearing to be in a v shape with each wheel pointing towards the outside of the cart. He told me the course said they replaced a $50 part and the labor was $25 so they were trying to get him to pay $75. I told him that his response is always "the cart broke under normal operating conditions." He replied well that is what happened so it's easy to say the same thing each time because it's the truth.

I can't imagine the course will pursue this any further given the amount involved, but I told him they may not let him play there again. He said that was OK because the course isn't all that anyway. 

Edited April 20, 2018 by ssbn611

[Buckeyebowman]

Hilarious!

My idea about a personal injury attorney was to suggest to the course that the man's Son might have been injured due to the course allowing golfers to drive junky carts. That should scare them enough to let the whole thing go quiet.

[SmiterofPV1x]

What the heck? 75.00 and they're making an issue of it? I was with a drunk golfer that hit a tree and snapped the axle once. It made for a pretty interesting lesson in counter steering for the rest of the nine as the front passenger wheel was sticking 90* out. They didn't even make an issue out of that, and that was clearly his fault (although he did claim the tree jumped out in front of him). For a course to alienate a Customer for 75.00 is just stupid. Especially since it doesn't seem to be his fault. He plays there twice more and they break even, three times more and they turn a profit, likely. If he shows up with a 4some in a down time and the course is rolling in more money than they are scaring away. Dumb. 

I'm not a lawyer but I'd kindly tell them  to smooch upon my posterior region. That's just dumb. Unless they have video of him racing down the path like that tour pro a year or two ago that got suspended from his home club for cart racing, betting, and generally acting like a fool while he was being taped by his friends. If that's the case your son should probably just pay up the 75.00 and be done with it. Doesn't seem to be the case though:)

[Valleygolfer]

I would just ignore any future correspondence. He has said his piece. If they continue to nag him, theaten suing for injuries for their dangerously faulty equipment.