A Little Of This And A Little Of That: August 1, 2012

by Paul McKinney

A number of you have asked me, “What happened with your car insurance case?” Well, in a nutshell, the big guns, the money folks at the insurance agency won! Or did they?

I received a fax response from them, via my attorney, relating a case in which a judge ruled that one has the right to get reimbursed for the actual damages or the amount in diminished value. The claims manager then wrote that since I did not take their low-ball offer…well, let me quote from his letter…

“(The insurance agency) paid to repair his vehicle. No further offers of settlement will be made at this time as our company has complied with its obligations under New York law. As was relayed to Mr. McKinney, our original offer of $3,378.00 to settle this matter is now rescinded as he rejected this offer when we last communicated.”

So, in laymen’s terms, they win and I can go “pound salt.”

I was advised that I could pursue damages through the NYS court system. This would most probably result in hundreds of thousands of dollars in court costs and two to three years of time. And I could still lose.

What would you have done? Right, that’s what I did. But, that’s Oay. I gave it the good fight.

Now, I have another human-interest story to share. And it’s personal. I have written about my Mom in previous articles. Talk about the all mighty dollar undermining personal safety…listen to this one:

On July 23, my mother, Helen Van DeWater, was released from the Oswego Hospital. This was preceded by a nine-day stay dealing with a severe intestinal infection. Mother is 94, in failing health, requires regulated oxygen 24 hours a day, and has recurring dementia. Her physician released her back to Michaud Health Facility recommending comfort care. Can’t get any clearer than that.

It is my understanding that the Oswego Hospital contacted Oswego County Opportunities on the same day to arrange for appropriate medical transportation. The hospital requested that she be transported by Mentor Ambulance in that she:

• Is in a tenuous physical condition,

• Suffers with significant altered mental health,

• Requires regulated oxygen dependence that she cannot maintain herself.

The hospital then contacted Mentor Ambulance to alert them that OCO would be calling to schedule her pick-up. The hospital also requested that OCO confirm the arrival time. OCO failed to call the hospital back.

When the hospital did not receive this confirmation, they again called OCO and were told that Mom would be transported by bus/van and that they needed to stop by Michaud to get her wheel chair and oxygen. OCO was again informed that this was not acceptable because she needed transportation with trained medical personnel.

OCO did not contact the hospital again. Instead, mother was picked up by the OCO driver, placed in her wheel chair and driven by bus/van back to Fulton unattended.

I was at Michaud waiting for her arrival having been told by the hospital that Mentors were transporting her as recommended by her doctor and the hospital.

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