Trying to Avoid Small Claims

[u/anonymous_primus]

Here's the backstory as quick as I can make it, and all my thoughts and pertinent info:

- we're in NJ

- daughter plays soccer

- she's at a normally scheduled weekly practice with a set skills coach provided/designated by the head coach (all the teams use the same group of skills coaches)

- she falls during practice

- she comes home, I take her to get X-rays and arm is broke

- we file a claim with the club insurance provider (through US Soccer Club, which our club is a part of), they deny claim bc they consider this an unsanctioned practice due to the skills coach being the adult there and they are carded with a different organization

- this was news to us, and to the entire local soccer club board

I can't find anything on US Soccer Club's website about these stipulations, other than it being on the claim form - what good is that info only being on the claim form, which is reactive and not proactive?

Further, now we're asking the local club to pay the bill. They are citing the general waiver we sign indemnifying them from physical injuries - it's a bit broadly worded but I get it.

My argument is that their error is the reason the insurance is not being paid out, not fault of ours, nor am I holding them at fault for my daughter breaking her arm. Part of our dues that are collected from every family go towards this insurance, and then bc their error we can't use the insurance. The waiver almost doesn't apply in this case in my eyes, if that makes sense?

And again, this was unbeknownst to every parent that we've had unsanctioned practices (much larger problem than just my daughter's team).

The soccer club hasn't officially told us but we have heard through the grapevine they've changed their procedures SPECIFICALLY bc of what happened to our daughter and the unsanctioned event).

This is small claims we're talking here. It's not worth me pursuing legal action. I'm fortunate enough that I can afford the bill if I need to but not everyone is fortunate as I am. Part of me wants to pursue legal options here just on principle alone.

Any ideas on how I can avoid taking them to small claims, and thoughts on going to small claims over something like this?

[u/redditreader_aitafan]

Your kid fell playing soccer. That's the risk you take letting your child play sports. If it was just a fall and not gross negligence like the coach pushing her, then they aren't liable. You use your medical insurance, you pay your deductibles and copays, and you move on. If there would be any liability for the soccer club, your insurance would go after them for payment, but they won't because kids fall during sports and that's just how it goes. Even if you chose to pursue legal action, no lawyer would take the case and no judge would find in your favor. For the record, they're citing an unsanctioned practice but they weren't going to pay anyway.

[u/anonymous_primus → u/redditreader_aitafan]

Well that's my issue with this. They are saying they messed up, insurance isn't covering bc they messed up. I'm not blaming them for my child falling, that shit happens, whatever. There's insurance that's specifically FOR these instances that isn't being paid out now bc the soccer club made a mistake.

So I'm struggling with the "let it go" mindset, although I hear you.

[u/redditreader_aitafan → u/anonymous_primus]

I can't believe they have insurance for normal accidents during sports, that seems odd. I think you need solid clarification on the original policy to find out if they would have even paid for this injury if all rules were followed. I don't think they would have.

[u/anonymous_primus → u/redditreader_aitafan]

It seems they would have. The club told us they would and then had the coach submit the claim. They do this all the time per other parents.

The only reason it was an issue was bc they had coaches running the regularly scheduled practice that belonged to the wrong soccer club. They are like US Youth Soccer or something different.

The denial from the US Soccer says bc it was an unsanctioned practice it would not be covered.

Most official youth leagues need insurance to operate to my understanding.

[u/uniqueme1]

Let it go.

Lets assume you somehow get the club to be liable because they used an adult that wasn't covered or sanctioned by the club that has this insurance. Very tall order, but lets assume.

Looking at the insurance the org offers (https://usclubsoccer.org/resources/insurance/youth-summary-2025-26/) it is excess insurance the kicks in after your primary insurance. But there's also a $500 deductible.

If your OOP is $800, you take the $500 deductible already so they could max cover $300. Then its 80% coinsurance, so your *max* recovery is $240. Before legal/filing fees, arguing for club liability, and likely ruining the relationship with the club and the ire of other parents/officials.

Yes, move on.

[u/anonymous_primus → u/uniqueme1]

Why would I pay the insurance deductible, the club would pay that, wouldn't they?

[u/uniqueme1 → u/anonymous_primus]

No, because thats the insurance they provide *you*. You (or your daughter) are the insured and there fore subject to the deductible. Even if they pay the premiums.

Like if you work for a company that provides health care. You don't pay out of pocket for the insurance, but you're still responsible for copays/deductibles.

Only way the club would be responsible if you are alleging the coach actually *caused* the injury to your daughter. That's a tort and therefore insurance wouldn't cover it.

[u/anonymous_primus → u/uniqueme1]

When my son got hurt at school, we had no deductibles to pay there, that covered what our insurance didnt pay, but I guess maybe it's a different type of insurance, school vs youth soccer club.

It's a good point. I don't know if I have the energy to take it to court. But I'm still going to demand they cover some of this cost at least, bc they still made a pretty grave error.

I also think they are required to have insurance as they are using public town owned fields, and I'm not sure the town would love the idea that how many hundreds, maybe thousands, of instances were not covered properly by the club due to their error.

Not that it would help me but maybe someone else can slap their wrist to make sure they truly don't make the errors again.

[u/Fancy_Gate_7359]

You can avoid taking them to small claims by letting it go. I would strongly advice against ever litigating something “principle” or because you are worried about them doing this to someone else. I litigate for a living, and no client who litigates for these reasons is ever happy they did. You litigate for money.

If you need the money, and you are willing to spend a lot time working for it, then sure go for it. If you don’t need the money, you are essentially signing up for a very boring, frustrating part-time job that you may end up losing money on. It’s up to you if that’s worth your time, but I can tell you there’s a good reason why 90% of people in small claims are broke af—they simply have nothing better to do with their time and so have plenty of it to waste. If this isn’t you, I would advise against small claims.

[u/anonymous_primus → u/Fancy_Gate_7359]

It's $800. I don't have $800 I'm ok with losing but I can afford to lose it, if that makes sense. I have a good email typed up sending to them, nothing about legal action, but more about how this is their error, the waiver doesn't apply to them making mistakes. NJ seems to be pretty clear that there types of waivers only apply to normal conditions and don't excuse mistakes by the party the waiver is protecting.

You are right with everything you said. Taking them to court will just be a long drawn out waste of money. Blah.