PeopleClaim helps resolve consumer and commercial complaints against businesses, professionals, government agencies, or individuals by exposing bad business practices and unfair treatment. Aggrieved parties are invited to use PeopleClaim's dispute resolution process free of charge or choose premium options that may help resolve disputes faster.
The claimant was contacted repeatedly by our insurance carrier, and refuses to speak or corresponding anyway in resolving this alleged claim appropriately. Insurance carrier has left phone messages and emails requiring documentation invoices the claimant may have. Claimant still refuses to cooperate
Steak n Shake's response of 9/8/17 is absolutely untrue. I have provided the insurance adjuster with all requested documentation and it is the insurance adjuster who has failed to communicate or contact my doctor after completing a medical request for information form on 8/23/17. I have cooperated fully and it is the failure of the insurance adjuster to follow through on settling my claim.
This accident occurred on 9/3/16. Apparently an incident report was completed - was it fully completed? Was there video footage? Was the flooring slip-resistant? Was the floor wet from washing, or from a spill? If washing, were the chain's specified products used? Was there an account from any employee that was present?
Best practices would be that senior management contact the claimant within 24 hours to follow up, and then their liability company follow up within 2 weeks at most.
The claimant says that no-one followed up at all, and a letter from him to the company some six weeks later was ignored. Steak N' Shake says that the claimant ignored attempts at contact by the insurance company but doesn't say when those were made. Does Steak N'Shake have documentation of those attempts? Does the claimant have proof of mailing to the company?
Why is this claim being made a year later? I would think that if the company had attempted to resolve the issue but hadn't received necessary documentation within three to six months, they would have sent a certified letter stating that the claim would have to be closed unless the the claimant cooperated with the investigation. Was any letter like this sent?
Has the insurance company now contacted the claimant's doctor and retrieved medical records?
Hi Fran, Thank you for your interest. I believe the claims adjuster wasn't able to 'poke holes' into my claim of injury and I wasn't 'playing the game' the way he wanted me to. He didn't pursue obtaining my medical records because I confined the records release to visits to my doctor ONLY related to the pain I was experiencing from the slip and fall, not my complete medical history. Also, he denied receiving my original demand letter sent to Steak n Shake, but then 'slipped up' when he asked me for medication receipts and said he only had the one RX receipt for $44 - which I had included in my original demand letter sent a year ago! Also, he wouldn't acknowledge that he had the Incident report & Work Comp forms I completed at the restaurant the day I slipped and fell and kept saying there were no witnesses, but I knew he had those forms -proof in itself of the incident- because the Medical Release form he sent me had my DOB and SS# on it and that's the only place I provided it! He also lied about calling me and leaving messages on his post on PeopleClaim - he never called me. Also, legal advice I got said not to give him a recorded phone interview so I told him he had a detailed written statement of the incident in lieu of a phone interview, and again, even though I took a lawyer's advice, he didn't like that because he was looking to trip me up with the phone interview. The denial all boils down to he didn't continue to do any investigation into my medical records, etc. because he knew I was telling the truth and simply didn't want to admit it or pay my claim - because that's his real job - poke holes into stories and look for reasons to deny claims. He had no reason to deny my claim and he knew it but wasn't about to be outsmarted by a claimant, end of story. Comments? Suggestions? Thank you.
A claim has been filed with the liability insurance carrier for Heartland SNS LLC, Depositors Insurance Company and I am a claims representative of Depositors Insurance Company. Claim number 765548-GF has been filed and this claim for injury has been investigated. I take issue with the allegations as set forth by Kiley Myers regarding my integrity and how he interprets my job. I have been a claims representative for a period of 42 years and these personal assertions on the part of Mr. Meyers are baseless and without merit.In our investigation of the reported accident, we were not able to locate any person(s) with any knowledge of the slip and fall accident that is reported by Mr. Myers. We have sent a special investigative representative to the location and interviews with employees have been completed. Records of Heartland SNS LLC have been reviewed and we have found no record of any injury accident of Kiley Myers. We have not been able to establish that the occurrence described by Mr. Myers took place as reported. Our investigation was not assisted by Mr. Myers as he has chosen not to allow a recorded statement of the incident which is a usual and routine practice in slip and fall accidents. Mr. Myers was not able to help us with the names of any of the employees of Heartland SNS LLC (Steak and Shake) who he reports aided him at the time of his injury and gave him reports to complete. Our policyholder further assures us that they would not normally give reports to the person who was injured to complete as they require the shift manager to complete any injury reports.In addition to this deficit of information on the accident occurrence, for a bodily injury claim to be presented, there is a requirement that our policyholder be negligent. Negligence was not established in this case. There is a responsibility for a pedestrian to keep a careful lookout when walking. We have no information this was the case. Mr. Myers in his narrative report indicates that he is not aware if wet floor signs were present or if they were not. In investigating this accident we did not find that the floor was wet, that there were no wet floor signs displayed, and that Heartland SNS LLC was aware the floors were wet and took no corrective action. We further can not determine that Mr. Myers was maintaining a carful lookout when walking. These are factors considered in determining negligence. Our investigation did not establish these determining factors to be present. For this reasons we have denied liability to Mr. Myers and this continues to be our position.Please feel free to contact me with any further information or inquiry.Richard Greig 913 685 9388greigr@nationwide.com
Mr. Greig states: "Our policyholder further assures us that they would not normally give reports to the person who was injured to complete as they require the shift manager to complete any injury reports."Note "would not normally"....Regardless of what the Policyholder stated regarding the forms - I DID in fact complete MYSELF an incident report and work comp forms handed to me by employees at the time of the occurrence! The Policyholder HAD those forms and Mr. Greig obtained them, forms which would not have been given to me in the first place by the employees had the slip and fall not occurred - this is proof alone that the incident happened due to the overly wet floors which I stated on the incident form! Those forms that I COMPLETED are the ONLY place I wrote my DOB and SS# during this entire process, AND Mr. Greig NOTED my DOB and SS# on the Medical Release Form he gave me to complete - WHERE ELSE would he have gotten that information? And WHY did he not follow thru with OBTAINING the medical records after I promptly provided him with the release form? Mr. Greig said he NEEDED that information to determine the 'extent' of my injuries, so WHY DIDN"T HE REQUEST THE MEDICAL RECORDS after I provided him with the release form? Because he didn't want to confirm that I was, in fact, injured!In the state of MO, if it can be determined that the claimant is responsible IN PART for an injury due to the negligence of the insured, then a percentage of the responsibility is assigned and that percentage is deducted from the amount of the settlement awarded. So if I was 10% responsible because I didn't notice the floor was wet because no sign was posted, then 10% would be deducted from my total settlement. So if you feel that I was partially responsible for slipping and falling, then you should award a settlement for my pain and suffering for 3 months plus my medical expenses and deduct 10% of the award instead of denying a claim for injury due to negligence of policyholder that can be proved simply by fact of the forms I completed. Mr. Greig cannot prove he received my DOB and SS# anywhere else other than those forms!Further, I took legal advice advising me NOT to give a recorded statement -particularly since it has been over a year since my slip and fall- and the written statement gave ALL details since it was written directly after the incident. Why would I NOT take the advice of a lawyer? What further information did Mr. Greig hope to obtain by taking a recorded statement that wasn't already written down in the incident and work comp forms I completed at the restaurant, my written statement and demand letter? If he had additional questions, he could have simply emailed those additional questions to me and I would have answered promptly as I have done all along.Regarding Mr. Greig's supposed "investigation" into the matter. What "investigation"? What "deficit" of information? If there's any 'deficit' of information, it's because he didn't request my medical records, take a statement from my witness - my son, or even try to find out from the policy holder who was working a year ago at the time of the incident. Did he request video surveillance since it happened at the exit/entrance of the restaurant? No, he didn't do any of that.Regarding witnesses, obviously, I was not taking down people's names at the time of my injury. I was not thinking about anything other than my own well-being and was overtaken by pain. In a fast food restaurant, employees don't usually stay a year to begin with, but I'm sure they have records of who was working that day and I gave Mr. Greig physical descriptions of the 3 people I remember, particularly the young man who shoved the papers at me AND followed me out to my car insisting I sign a document saying that I refused medical attention, which I did not sign! Where's the video surveillance at 3:40 p.m. on 9/3/16? My son witnessed the slip and fall as he was 5 steps behind me; I offered to have my son call Mr. Greig, but he did not respond to that offer. It appears that Mr. Greig has NOT done his 'due diligence' in his 'investigation' and also refuses to admit he got my DOB and SS# from the Incident Report and Work Comp forms that were handed to me and I completed...The policyholder says they don't 'normally' give people injured in their restaurant these forms, but the fact of the matter is THEY DID and I COMPLETED them and he knows that, so how can he continue to DENY his policyholder's negligence? At this point, it is not only the policyholder's negligence it is Mr. Greig's negligence to follow through with obtaining the medical records, video surveillance at 3:40 p.m. 9/3/16, research into who was working at that time, and a statement from my witness, my son. If Mr. Greig wishes not to continue the investigation, and wishes to continue to deny liability on the part of his policyholder and continue to deny my claim, then perhaps this entire matter should be brought to the attention of the Insurance Commissioner or perhaps Mr. Greig would like a "Bad Faith" claim filed against Nationwide/Depositor's Insurance and Steak n Shake? These are options I am considering at this time, so please let me know how you would like to proceed with my valid claim for pain and suffering and medical expenses due to the negligence of the policyholder and staff at Steak n Shake in Raymore, MO.Kiley Myers
Return to case
Edit your profile (Your profile is 35% complete.) [FYI, you'll get a 100-point bonus when your profile includes your picture, a mini-bio, and one "knows-about" topic.]
Paralegal
40 Years In Business. Curious About Everything, Love Helping People Figure Things Out.
Former ATIP Intern, occasional contributor and moderator
S/W Developer At Ruhi Consultancy Services
I'm an indian NRI studying law.
I Love Me
BA Michigan, future JD from USC
Law Student at USC Gould School of Law
Law student at USC (LLM program)
Arbitrator, Mediator, With MBA, Master Of Dispute Resolution & Real Estate Broker License
Consumer Advocate
Consumer tech
Law student
Online mediator
Import/export, travel a lot, talk to everyone.
I love helping people resolve complex problems and seeing justice served.
Corporate & Entertainment Attorney // Arbitrator & Mediator
Marquette University Law Student
Software Engineer, Technical Architect, SEO
Auto Dealer
3rd Year Law Student with an interest in healthcare law
law,finance,internet
I Love Helping Mediate Cases In Real Estate, Investments And Divorce
Software Engineer
Covert & Covert LLC
Mediation student. Disputes shouldn't end up in either court or acrimony.
Medical doctor; research expert; justice advocate
Retired Lawyer. Now mediating civil cases in Europe
paralegal with 8 years experience in consumer and personal injury law
MASTER student in Conflict Resolution, Mediation Training, Business Negotiator
engineer, mediator, cricket fan
Owner at Economic and Financial Technology Consulting LLC
I graduate from law school in 2 weeks. I have taken mediation and negotiation classes.
Sxsxs
welcome to hell ...
I'm a soliciter in the UK.
Co-Editor-in-Chief at USC Business Law Advisor
Representing The Interests Of Individuals By Investigating & Addressing Complaints.
An LLM Student who loves helping people resolve their disputes through a fair process.
Real estate
CEO and Co Founder of PeopleClaim.
Pre Law Student
Law Student in Los Angeles, CA looking forward to helping solve people's issues.
A business owner who believes in integrity and honesty in practice.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Maecenas vel nibh ut risus euismod fermentum. Vestibulum tincidunt ipsum lorem. Donec vehicula scelerisque urna, ut convallis elit finibus vel. Mauris a vehicula est. Donec fringilla at neque et pharetra. Sed gravida ultrices ex.
Get a public mediator profile. Anyone can apply.
Join our community and start resolving disputes — it's free and fast.
Let the PeopleClaim community help resolve your dispute.
Engage the other party and use powerful tools to negotiate the best resolution.
Post your case online and get help from legal professionals, industry experts, consumers & advocates competing to find the best resolution to your claim.
Lets you mediate your case privately with the help of our professional mediators and industry experts.
Find the best community-reviewed professionals near you to resolve your issue in private online mediation or traditional court/mediation.
A wonderful serenity has taken possession of my entire soul, like these sweet mornings of spring which I enjoy with my whole heart.
I am (not) alone, and I feel the charm of existence in this spot, which was created for the bliss of souls like mine...~ Goethe
Would you like to suggest how this case should be resolved?
Would you like to add a comment or solution?
PeopleClaim is a new way to resolve disputes online without lawyers or mediators. By inviting suggestions from the public, disputing parties get ideas that can lead to settlement – and the person(s) who contributed them can win a reward.
Here's what to do: Read the case (left side of page). Then go to the bottom of the page and enter your suggestion in the space provided. Click the Solution button.
Your suggestion will be sent to both parties and will post on the claim. If the two sides agree to settle based on your suggestion, you're eligible to win. Note: Cash rewards may be split among more than one person if settlement depends on ideas from more than one contributor. If you have a claim of your own to resolve, click here.
You can submit up to three solutions / rebuttal, you would like to settle or to be voted on.
Add your solution / rebuttal: