Cake Never Made It To The Venue

Business By kelleyincolorado Updated 3 Sep 2010 , 7:21pm by Ruth0209

kelleyincolorado Posted 24 Aug 2010 , 2:07pm
post #1 of 51

Yep... it happened. Short version- ran off to get more ribbon for a wedding cake that was to be delivered at 6pm... this was about 2pm. Cake is done, just wanted a better ribbon for the edge. Never made it back thanks to some jerk who tried to outrun me up an on-ramp on my right. He did not succeed and I never saw him coming because I was accelerating up the ramp. Two days later I wake up in the hospital. Day three I find out the cake never got delivered. I carry an emergency list of contacts and the first person on that list is my assistant and a brief blip about the business. I have no idea what happened, but my assistant didn't know a thing until the next day when she went to the kitchen and found the cake still there.

Guy who hit me is uninsured. I was driving our smaller liability only insured car. I do not have health insurance. I am now like 30K in debt and still owe the poor bride half of her money back. I still feel ill every time I think of how upset I made them. I want to yell at the gal at the venue who told the MOB "a list carried around in her purse certainly isn't a good way to do business" (I only have one employee).

Suggestions on a different way I can handle emergencies in the future? Hopefully this is my one time deal in life! icon_cry.gif

50 replies
Lcubed82 Posted 24 Aug 2010 , 2:14pm
post #2 of 51

I am so sorry to hear about your accident, and pray you will recover quickly!

I am not a business, so have no suggestions on that front. I can only hope the family understood when they heard the circumstances. It's too bad the other lady spoke without knowing the situation.

DefyGravity Posted 24 Aug 2010 , 2:23pm
post #3 of 51

What kind of terrible person would be mad at you for not delivering the cake under those circumstances? It's not like you blew it off, this was so outside of your control.

I hope you heal up soon and are able to get this issue smoothed over as soon as possible!

au_decorator_76 Posted 24 Aug 2010 , 2:46pm
post #4 of 51

I'm SO sorry!!! icon_sad.gif I hope you heal soon!

kelleyincolorado Posted 24 Aug 2010 , 3:01pm
post #5 of 51

Thank youicon_smile.gif It has been an incredibly frustrating situationicon_sad.gif I do not like feeling out of control of a situation at all!

julesh268 Posted 24 Aug 2010 , 3:09pm
post #6 of 51

I hope you have a quick recovery and I am glad that you are alive to tell the story.

This is one of those freak things that you have no control over. In fact, when there is a no show for anything in my life the one and only excuse I accept is stuff like that...something that is out of everyone's control.

Good luck with your financial situation!

Loucinda Posted 24 Aug 2010 , 3:22pm
post #7 of 51

I am so sorry you had this happen, a cake business nightmare! I do have in my contract a section on "situations beyond my control" and I explain that to the clients as we go over the contract. (crossing fingers that it never happens to me) Good luck.

jackmo Posted 24 Aug 2010 , 3:38pm
post #8 of 51

sorry that happened. that was out of your control. as far as liability only on your car. there is a rider you can add to cover you when and uninsured motorist hits you. my husband and i van were hit by one, and our van was liability only. later to found out we could add a rider . but the insurance agent did not tell us untill after the fact. Also does you state BMV should have a form on thier site in your state. hopefully you can get something for your accident.

tmgarcia_98 Posted 24 Aug 2010 , 4:02pm
post #9 of 51

Wow....I am sorry that this happened to you and really glad that you are okay.

I am a little confused, though. You said that you owed the bride half of her money back? Did she already get a partial refund? Or maybe she still owed half on the cake?

stacey71 Posted 27 Aug 2010 , 12:55am
post #10 of 51

OMG that is sooo horrible. When you have your own business, insurance is soooo dang expensive, it just gets pushed to the back burner alot of the times... I know first hand.

I wish you a speedy recovery and hope things start looking up for you very soon.

kelleyincolorado Posted 27 Aug 2010 , 1:38pm
post #11 of 51
Quote:
Originally Posted by tmgarcia_98

Wow....I am sorry that this happened to you and really glad that you are okay.

I am a little confused, though. You said that you owed the bride half of her money back? Did she already get a partial refund? Or maybe she still owed half on the cake?




Sorry... her mom immediately started emailing and calling about a full refund and I've only been able to give her half of it so far. This accident was less than a month ago. Since I have no health insurance the medical bills are outrageous and I had to go back into the hospital a few days after I was released because of some bleeding around my brain.
I should note that along with the "when are we getting the money back" question, she has stated she hopes I'm feeling better. I mean, I get it... I do. The cake was not there, they get their money back, but can I like wake up first and get the wires out of my jaw, please? icon_redface.gif

mykidsarekillingme Posted 27 Aug 2010 , 1:56pm
post #12 of 51

I so hope you are feeling better soon. And I just have to say it gets me that people can't be more understanding. Okay so she gets a refund, but yes she can certainly wait until you are feeling better. What is wrong with people today!!!

blessedist Posted 27 Aug 2010 , 1:57pm
post #13 of 51

Can't you sue the uninsured driver??? And was he locked up for your accident?? Apparently it was a bad 1 being that you said you woke up days later in the hospital...sending blessings your way!

kelleyincolorado Posted 30 Aug 2010 , 8:34pm
post #14 of 51
Quote:
Originally Posted by blessedist

Can't you sue the uninsured driver??? And was he locked up for your accident?? Apparently it was a bad 1 being that you said you woke up days later in the hospital...sending blessings your way!




He ran me into a metal barricade as I was gunning it to merge onto the highway. So I went from 55 to 0 pretty quick and over to the left. I apparently hit my head against the door frame or window... not entirely sure. I had swelling in my noggin and my jaw got pretty mucked up. Thankfully the swelling and bleeding stopped and I can eat cheeseburgers againicon_smile.gif

I'm sick of doctors, I can tell you that!

langranny Posted 30 Aug 2010 , 8:43pm
post #15 of 51

Call a lawyer.

mpetty Posted 30 Aug 2010 , 8:50pm
post #16 of 51
Quote:
Originally Posted by langranny

Call a lawyer.




I thought that too, but then realized duh, if the guy was uninsured, who is there to sue?

jmchao Posted 31 Aug 2010 , 2:06am
post #17 of 51

You sue HIM in civil court and collect from any/all assets he has. You garnish his wages to help pay for medical expenses. You force a re-finance on his house and take the equity to cover your medical expenses. You take his car and sell it to cover your losses. You sue HIM...

In Virginia, if you don't carry insurance, you MUST pay an uninsured driver fee of, I believe, $500. If your state requires this, check with the state to see if THEY offer some financial compensation to help with your expenses. I know when my daughter's leg was broken while in care of the babysitter, the state contacted me and reimbursed us for our out-of-pocket medical expenses related to her injury through some fund they have that is similar to workman's comp.

It's worth talking to a lawyer about your options.

SharonK1973 Posted 31 Aug 2010 , 2:27am
post #18 of 51

It makes total sense to sue him! There is a reason why its a law that we have insurance. If you don't sue him, its like rewarding him for not having insurance and still driving around like the road belongs to him and only him! Sue him!!!!! And by right he should also pay for the refund of that cake! I hope you feel better soon and recover well from your injuries. But remember to SUE HIM!!!!!

blessedist Posted 31 Aug 2010 , 2:29am
post #19 of 51
Quote:
Originally Posted by jmchao

You sue HIM in civil court and collect from any/all assets he has. You garnish his wages to help pay for medical expenses. You force a re-finance on his house and take the equity to cover your medical expenses. You take his car and sell it to cover your losses. You sue HIM...

In Virginia, if you don't carry insurance, you MUST pay an uninsured driver fee of, I believe, $500. If your state requires this, check with the state to see if THEY offer some financial compensation to help with your expenses. I know when my daughter's leg was broken while in care of the babysitter, the state contacted me and reimbursed us for our out-of-pocket medical expenses related to her injury through some fund they have that is similar to workman's comp.

It's worth talking to a lawyer about your options.





EXACLTY!! why should he have the luxury of not having to come up with the $100+ insurance payment EVERY month and you have to? Not only do you pay your insurance, whether it be full or liability, but you're stuck with the bills for something he did to you??? thumbsdown.gif

He, I, and the judge would have to discuss this 1!! icon_mad.gif

love2makecakes Posted 31 Aug 2010 , 12:25pm
post #20 of 51

You really need to contact a lawyer! They can advice you on what rights you have and how to possibly go about getting compensated.

Your state must be different, but in my state even with just liablity insurance my insurance company pays the medical dept?

Sorry to hear that the MOB is being less then understanding in this situation.

dchockeyguy Posted 31 Aug 2010 , 12:37pm
post #21 of 51

I rarely agree about people jumping on the "Call a laywer" bandwagon, but I think in this instance it's called for. Most law firms who handle personal injury will have a free consultation that shouldn't cost you anything. If they think you don't have a case, they'll tell you. Most of them work for a percentage fee, and they don't get paid if you don't win, which makes them motivated to win!

Karen421 Posted 31 Aug 2010 , 12:46pm
post #22 of 51

I am an anti-lawyer person (sorry lawyers) But I strongly agree!!!! In our state also, I believe the insurance company with pay some of the medical even if you have liability only, then I think they try to get it from the one responsible. Regardless, you need to get some good advice, and it won't hurt to just talk to a lawyer. Good Luck!!

Kitagrl Posted 31 Aug 2010 , 12:59pm
post #23 of 51

The guy was in the wrong and is definitely responsible for what he did.

I hope you have his name!

cakesdivine Posted 31 Aug 2010 , 2:56pm
post #24 of 51

If you have a website, put an emergency contact section on the Contact us page. Then list in the contract the contact information. And for something like what you experienced, in the future have your assistant and you do a follow up check up. Say you have a delivery at 4 pm, she calls you at 3 pm to make sure you are soon to be on your way and then follow up at 4 pm to make sure you are on site making the delivery. That way if she can't reach you at either interval she knows to go to the shop to see what is amiss, and if the cake is still sitting there at the time of delivery she knows something is wrong and can deliver the cake in your absence, then find out what happened. Just make sure all cell phones are fully charged icon_wink.gif

Kitagrl Posted 31 Aug 2010 , 2:59pm
post #25 of 51
Quote:
Originally Posted by cakesdivine

If you have a website, put an emergency contact section on the Contact us page. Then list in the contract the contact information. And for something like what you experienced, in the future have your assistant and you do a follow up check up. Say you have a delivery at 4 pm, she calls you at 3 pm to make sure you are soon to be on your way and then follow up at 4 pm to make sure you are on site making the delivery. That way if she can't reach you at either interval she knows to go to the shop to see what is amiss, and if the cake is still sitting there at the time of delivery she knows something is wrong and can deliver the cake in your absence, then find out what happened. Just make sure all cell phones are fully charged icon_wink.gif




That, or couldn't you just put her name as an emergency contact in your purse?

In an accident, don't the police look through your things to find an emergency contact number in case you are hospitalized? If the police were to call your assistant, she'd immediately know to check the cake orders for the day...

cakesdivine Posted 31 Aug 2010 , 3:09pm
post #26 of 51

Kitagirl, she did have her assistant's number in her purse along with the reason why they needed to contact her. They never went through her purse to find the contact information, or her assistant would have been notified.

Kitagrl Posted 31 Aug 2010 , 3:11pm
post #27 of 51
Quote:
Originally Posted by cakesdivine

Kitagirl, she did have her assistant's number in her purse along with the reason why they needed to contact her. They never went through her purse to find the contact information, or her assistant would have been notified.




Ohhh I'm sorry, I missed that.

Good grief, I thought they were supposed to do that. What if she had family or kids that needed notified??? Or do they just use her ID for that?

I'm really sorry about this whole thing. What a nightmare.

adonisthegreek1 Posted 31 Aug 2010 , 3:16pm
post #28 of 51
Quote:
Originally Posted by kelleyincolorado

...Guy who hit me is uninsured. cry:




I am so glad that you are out of the hospital. If the driver who hit you did not have insurance, you can still sue him and garnish any assets that he may have. You also need to negotiate with the hospital so they don't automatically send you to collections.

As far as emergency contacts, I suppose you have to emphasize to contact your assistant in the event of an emergency along with her contact info. Put it on your business cards, quotes, contracts, everything.

Christy0722 Posted 31 Aug 2010 , 3:32pm
post #29 of 51

Most everyone carries a cell phone now and law enforcement/EMS/ER nurses were trained to look at the cell phone contact list for the abbreviation "ICE" (In Case of Emergency). I'm an ER nurse and I have done this numerous times. You put your emergency contact person's # under that contact name and we know exactly who to dial. When you have a dire emergency on your hands, we are more focused on saving your life than looking through someones purse. I've only thought about looking through a wallet a couple of times because most people don't take the time to write that stuff down. Since the inception of "ICE", that's the way we go!
I hope everyone will do this BUT I hope I never have to go through your phone!! thumbs_up.gifthumbs_up.gif

Kitagrl Posted 31 Aug 2010 , 3:43pm
post #30 of 51
Quote:
Originally Posted by Christy0722

Most everyone carries a cell phone now and law enforcement/EMS/ER nurses were trained to look at the cell phone contact list for the abbreviation "ICE" (In Case of Emergency). I'm an ER nurse and I have done this numerous times. You put your emergency contact person's # under that contact name and we know exactly who to dial. When you have a dire emergency on your hands, we are more focused on saving your life than looking through someones purse. I've only thought about looking through a wallet a couple of times because most people don't take the time to write that stuff down. Since the inception of "ICE", that's the way we go!
I hope everyone will do this BUT I hope I never have to go through your phone!! thumbs_up.gifthumbs_up.gif




Oh that's really good to know...

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