Visitor Question

Gym’s Insurance Company Not Covering Medical Bills…

Submitted By: Robin (Roseland, NJ)

I had a slip and fall incident at my gym. They guaranteed they would pay all medical claims and for that reason I did not sue. After 3 1/2 years I am still getting hospital bills. I have followed up with the gym’s insurance company several times, who stated they would take care of this.

Today I was informed that they will only pay up to $2500 and that I’m liable for the rest. Can I still sue the gym for outstanding bills since: (1) I followed up consistently with insurance company, (2) They stated they would handle this and now are saying they won’t, (3) The accident was negligence on the gym’s part which I can prove.

Any information you can give me would be much appreciated.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Robin,

Unfortunately the Statute of Limitations for filing a personal injury lawsuit in the State of New Jersey is two (2) years. Your having followed up with the gym and its insurance company, and their subsequent promises to pay all of your medical bills doesn’t toll (or extend) the filing period.

In the alternative, you might consider the filing of a breach of contract lawsuit. Although it’s a bit of a stretch, there are cases where victims successfully pursued a breach of contract lawsuit subsequent to the expiration of a statute of limitations period.

If you have written correspondence from the insurance company promising to pay all of your medical bills, their failure might be considered by the court as a breach of contract.

You might also include as a co-defendant the gym itself, especially of they made any written promises to cause all of your medical bills to be paid.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 12, 2012

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