Ksenia’s parents, who lost a kidney in a playground accident, had to fight for compensation. Instead of two weeks, they waited three years.
Teenage Xenia had a serious accident on a trampoline. Due to the apparent damage to city equipment, the girl was entitled to receive money from the city insurance. Although the insurer did everything he had to do, the victim remained penniless for many years. How is this possible?
Teenage Xenia one of the October evenings went with her friends to the playground to jump on trampolines.
During the jump, I caught my foot on a piece of springboard, where there was bare concrete. I lost my balance and hit the concrete, - says Ksenia. The girl was taken to the hospital. - I heard that her kidney had ruptured and everything was bleeding inside, that we had to stay in the hospital and pray for a miracle until the morning. They did not give her many chances to survive, - admits Małgorzata Chihotska-Spalka, Xenia’s mother.
A 12-year-old girl, little Pabianike, lived for several months, fighting for her life. Doctors had to remove one kidney from the girl. For a long time they struggled with damage to the liver and spleen. Meanwhile, Xenia’s father decided to find out why he fell.
- The day after my daughter’s accident, I made a video showing the damage to the trampoline. missing piece [gumowej nawierzchni – red.] he lay next to the nearest tree. The open space is where the daughter hit the concrete, notes Robert Spalka.
In this situation, Xenia’s parents decided that they would seek compensation from the city responsible for the poor protection of the playground. - A gentleman contacted me at the hospital. He said he would get my compensation. He will send me money and I won’t have to go to offices and I won’t have to do anything. He found us himself, - says Malgorzata.
Compensation company
Xenia’s parents signed a contract with Euco, a large law firm that has been fighting for years on behalf of clients to pay the highest possible compensation. Having received money from the company in which Pabianice was insured, the broker had to keep 20 percent. as a commission, and the remaining amount will be transferred to Kseni’s sub-account within two weeks.
“The compensation company wanted to sue,” Xenia’s father says. - They promised that the money would come in about a month and the first tranche would be received. And in the subsequent parts, the rest, - explains Xenia’s mother.
- And there were constant calls to send documents, both medical and various applications. We sent everything. Immediately. But there was silence. The era of the coronavirus has begun. We didn’t fight then, money was not the main thing. The daughter was the most important thing, and we waited calmly,” Mr. Robert explains.
At this time, the postman brought Xenia’s parents an offer to pay compensation from the Pabianice insurance company. The matter seemed to be resolved.
- They wanted to conclude a contract in the amount of PLN 60,000. zloty. One had only to sign a settlement agreement, and the money would be right there, - says Xenia’s father. And he points out: - The lady from the compensation fund laughed at me on the phone, saying: “Any fool can conclude a settlement agreement, but here you have to fight for money in court, because the settlement closes the way.”
Relieved by the promise to receive additional tens of thousands of zlotys, the family waited for the results of the work of the compensation company, which covered the high costs of treatment and rehabilitation from its own pocket. A few months later, Xenia’s mother decided to check at the source at what stage the case was in court.
- I went to court and heard that neither my nor my daughter’s documents were there, - Malgorzata says.
- I decided to call the company. I asked what was going on here. Unfortunately, I didn’t get a response. Later, the wife received an email asking her to send an asset declaration, another one because they are said to be missing. We sent, they received,” says Mr. Robert.
- Silence since then. Phones are deaf. You can call for two days without a break, but they won’t pick up the phone, - Xenia’s father adds.
A few weeks ago, desperate parents called the insurance company directly. It turned out that almost immediately after the accident, the insurance company voluntarily transferred almost PLN 40,000 to the intermediary’s account in two installments. zloty.
- 12/19/2019 17.6 thousand, and the second tranche on 02/14/2020 21.7 thousand - we heard.
- When I found out that the insurance company paid out the money to the compensation company, I wrote them an email. And the ball hit in the form that they allegedly do not have my bank account number. And they had an account number,” Mr. Robert says.
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Source: Wprost
