What is the name of your state (only U.S. law)? CA
A group of us including our children were at a CPK. One in our party ordered hot tea. My twin 20-month daughters were each in a high chair at the table. Without warning the waiter arrived with the pot of hot water and placed it down in front of one of the girls. She pulled at the pot, causing the hot water to spill onto the table and then onto her chest. The burn caused a blister immediately that burst, exposing the underlayer of the skin. The waiter apologized profusely and the manager of the restaurant filed an insurance report. I was then contacted by a rep from the insurance who informed me that regardless of fault, the insurance reimburses up to $750. I received the emergency room bill where we took our daughter following the accident in the amount of $1500. I have since received a letter from the insurance company with a form that will release the restaurant from liability for $500 compensation. I have yet to respond.
My question is: Is this normal procedure for a restaurant's insurance to decide how much they can reimburse? I never signed an agreement with the restaurant stating that I understand that expenses for an accident on the premises would be my responsibility beyond a certain dollar amount. Should I expect the restaurant to cover the remainder, or does this usually go to small claims court?
A group of us including our children were at a CPK. One in our party ordered hot tea. My twin 20-month daughters were each in a high chair at the table. Without warning the waiter arrived with the pot of hot water and placed it down in front of one of the girls. She pulled at the pot, causing the hot water to spill onto the table and then onto her chest. The burn caused a blister immediately that burst, exposing the underlayer of the skin. The waiter apologized profusely and the manager of the restaurant filed an insurance report. I was then contacted by a rep from the insurance who informed me that regardless of fault, the insurance reimburses up to $750. I received the emergency room bill where we took our daughter following the accident in the amount of $1500. I have since received a letter from the insurance company with a form that will release the restaurant from liability for $500 compensation. I have yet to respond.
My question is: Is this normal procedure for a restaurant's insurance to decide how much they can reimburse? I never signed an agreement with the restaurant stating that I understand that expenses for an accident on the premises would be my responsibility beyond a certain dollar amount. Should I expect the restaurant to cover the remainder, or does this usually go to small claims court?