Misguided Insurance Agent Support

I recently worked with a Spanish-speaking gentleman, who we will call Henry, who was in an auto accident in the Atlanta area. Henry was not at fault in this accident. But was, unfortunately, injured. He began the claim process with his insurance company, like any other auto accident. 

However, he quickly recognized that his personal auto insurance policy (with only liability) would not cover any of his medical expenses or property damage associated with the accident. So he proceeded to get in contact with the at-fault driver’s insurance company to see about coverage for his medical treatments, lost wages, and pain & suffering. 

The insurance company for the at-fault driver sent out an agent to meet with Henry. Then immediately following their meeting, sent paperwork requesting Henry’s signature. At the time, Henry was relieved to be receiving such prompt support from the insurance company. He looked over the paperwork as best he could, being that his first language is Spanish. Then signed the document (which he figured was part of the normal claims process) and sent it back in for processing. 

The document Henry signed was a Limited Release that Henry later learned would limit the amount of coverage for medical care and pain & suffering claims for his case. Henry learned about the limitations he was now under after the full extent of his injuries from the accident were realized, and ended up being worse than he initially thought.

Henry had medical bills coming in that quickly exceeded the amount of medical claims from the at-fault insurance company. However, when he reached back out to the insurance company, they simply referenced the Limited Release he signed. And said that there was nothing more they could do for him.

This is when Henry reached out to my law office. My team and I assisted Henry with the complex process of working with the insurance company to unwind the Limited Release that he signed. To help re-open his claim and provide him with the proper medical claims coverage that he was entitled to for his medical treatments, lost wages, and pain & suffering. 

It was not an easy path, but we were successful in reopening his claim. However, had Henry been working with a Personal Injury Attorney from the beginning and/or advocated for a translator during his visit with the insurance agent and while reviewing the legal document – he likely could have avoided the frustration and extra time that he poured into this already hard-to-deal-with auto accident. 

The Harsh Cost-Cutting Reality

Unfortunately, situations like this are becoming more and more common. Insurance companies are getting creative with ways to limit their costs.

In Henry’s situation, it may have been somewhat attributable to a language barrier and lack of translation services. However, even with native English speakers, these kinds of misunderstandings come about often. Especially when there’s direct contact with the at-fault insurance company who is hard-pressed to find ways to limit their claims exposure when their insured drivers are at-fault. 

Thankfully, it’s not every day that you’re in an auto accident. But since it is such a rare and unfamiliar occurrence for most people, it can be quite overwhelming when you don’t understand the process and the insurance company presses misguided guidance on you – like in Henry’s case.

What we can all take and learn from this lesson is that if you or a loved one are in an auto accident where you’re injured, be sure to get a second opinion from someone who is familiar with the claims process and the insurance policies at hand. And if possible, avoid any direct contact with the at-fault driver’s insurance company. Instead, work the details through your insurance agent or an attorney familiar with your situation. 

The last thing you want is to get tricked into insufficient claims coverage, just because the insurance company is trying to cut costs. You and your full recovery are far too important to fall into these misguided mishaps.