Innocent traffic victim gets giant-bill from American Express

[Carotio]

http://www.bt.dk/danmark/uskyldigt-t...kaempe-regning

American Express had to pay 16,000 DKK for the damage the credit card holder made of a rental car when she drove into a cyclist in Copenhagen. American Express now requires that the cyclist, Lisa Kühl, must pay the 16,000 DKK

Heidi has to pay because she was run down
Innocent traffic victims gets giant-bill

Andreas Müller Digens - Monday 29th March 2010, 11:41
When Lisa Kühl in April 2009 was run down in front of Central Station in Copenhagen, she was completely without fault. Both the insurence company and the police said so.

The driver of the car was an American woman who drove a rented car. According to the police, she was not accustomed to keeping an eye out for cyclists. Nevertheless, the woman's credit card company American Express demands through a debt collection agency 16,000 kr DKK from Lisa Kühl.

This was for the costs to repair the car for the injuries happened when it hit Lisa Kühl.

American Express, which also serves as insurance, has paid for the damage to the car - and now the company wants that money from Lisa Kühl.

- It is completely absurd. I am an innocent victim, and now they want me to pay 16,000 kroner, because I was run down. It is typical U.S. conditions, the shocked woman tells.

For Lisa Kühl, the day began as any other when she was on a bicycle on the way to work in Copenhagen City.

At the cross at Bernstorffsgade and Vesterbrogade, she cntinues straight ahead, while a right-turning bus holds back. From the opposite road, an American woman turns to the left and runs the innocent Lisa Kühl down.

Several witnesses
The American woman had difficulty in understanding that the accident was her fault, but she helps Lisa Kühl and is appalled by the incident. There are several witnesses to back up Lisa's version.

- While I was on the ground and badly injured, people, who had seen the episode, came over and gave me their business card so they could testify, if it was needed, said Lisa Kühl.

The car agency was insured with safety, which, according to Lisa Kühl, handled the situation exemplarily.

- I got replacement for bike, clothing and pain and suffering. They did all the things by the book, she says.

But then came American Express: Lisa Kühl has till now received five emails and two letters from the company, in which she is charged the 16,000 DKK for the injuries that occurred to the car when she was run down.

Problems by traveling to the U.S.
She has tried in vain to refer to the car agency and their insurance, but nothing helps.

- They want their money. I do not think they want to speak with the insurance company of the car agency, because they know they will get no money that way. They keep pushing me and sending me letters and emails, although they have previously said that the case was closed, says Lisa Kühl.

Back in Hellerup, Lisa Kühl stays with the problem. According to Danish law, she is not required to pay, but problems can arise if she travels to America.

- It's terrible that they constantly push me. Now I have to spend 8 to 12.000 DKK on a lawyer, so I can have the case closed. If I do not do anything about it, I may very well experience problems when I go on holiday in the U.S., she says.

The Danish newspaper, B.T., has unsuccessfully tried to contact American Express.

Seriously, I don't hope this is the general perception of justice in America. The victim has to pay??? WTF

[AVGWarhawk]

This is a very odd case. I do not see how AE can justify she pay!

[HunterICX]

They have nothing to claim at all.

HunterICX

[August]

Originally Posted by AVGWarhawk

This is a very odd case. I do not see how AE can justify she pay!

Me either. Such a claim would be laughed out of court.

[Neal Stevens]

Roads are for cars, she should have stayed out of the American woman's way.

[SteamWake]

Originally Posted by Neal Stevens

Roads are for cars, she should have stayed out of the American woman's way.

Actually at least in florida it is mandatory that vehicals give right of way to bikes while sharing a roadway.

[Carotio]

Originally Posted by Neal Stevens

Roads are for cars, she should have stayed out of the American woman's way.

I believe and hope you mean it as a joke, but bike-riding is a very popular way of transport in Denmark, and thus all vehicle drivers are required to hold back for them, when turning. After all, bike-riders are a vulnerable road user. Quite often, big trucks have hurt or even killed bike-riders while turning right. Luckily, this woman was "only" injured. But still, the claims of AE is just ridiculous.

If it had been me, I would have sent AE a bill for wasting my time or an invitation to come to DK and meet me in court. AE would loose. It's just not everybody who has the stomach to fight on their own, and AE takes advantage of this and hopes they have found a weak person to get their money covered. If AE didn't want to pay, then AE should stay out of the insurance marked...

[August]

Originally Posted by Carotio

I believe and hope you mean it as a joke

That's kind of obvious given his use of the smiley don't ya think?

[Jimbuna]

The card company are obviously trying to recoup what they have had to pay out under the terms of the existing insurance policy.

Hope they fail, the greedy bastids

[Chad]

Originally Posted by jimbuna

Hope they fail

Seconded.

All the cyclists while in Copenhagen really was a culture shock for me. What if this was a child that was hit? Would AE still want compensation if a minor was involved in the accident?

[Jimbuna]

There is a simple rule/choice with most forms of insurance:

You pay the premium and the insurance company take on the risk....you fail to pay the premium and you take on the risk yourself.

This individual obviously payed the premium so the insurance company should be gracious enough to stop hassling the innocent victim.

[Neal Stevens]

Originally Posted by SteamWake

Actually at least in florida it is mandatory that vehicals give right of way to bikes while sharing a roadway.

Probably the same here. I like to see how close I can get before blasting the horn.

[Camaero]

That will teach you silly Danes to ride bikes while Americans are in town.

[HunterICX]

Bah, not worried about that thing...if it reaches the end of the driveway it is out of gas

HunterICX

[CaptainHaplo]

I fail to see how they have a legal claim against the victim. In the US - in all 50 states I think, bicyclists have the right of way (because in a collision - cars always win). I just wish they would make the law apply for motorcycles, and also make it so that cyclists have to get out of the blasted way when they know they are holding up traffic.