Auto Insurance Claims: visitors body injury claim, liability claim procedures

Question
Dear Justin,

I was driving a friend around and got rare-ended and we both suffered some injuries. The other driver admitted fault and his insurer, AAA, deals with us directly. My friend was visiting here and doesn't speak much English so I helped them to deal with the adjuster when he was here. At the time he was leaving, his treatment was not completed yet. Still I talked to him and then asked the adjuster to settle his case with consideration of the future medical cost estimated by the current doctor. The adjuster refused; the reason is that they never pay future medical costs.

Then the adjuster asked me if my friend would continue his treatment and how he would follow up with him. I said that I could help if needed. Then the adjuster told me that I need to get a notarized power of attorney, follow up with my friend's treatment regularly, translate his medical bills and reports, etc. This is just too much for me so I told the adjuster to work with my friend directly on his claim. The adjuster then said that he would not discuss with me about my friend's case.

However, more than 4 weeks after my friend left, my friend hasn't received any call or letters from AAA. I tried to ask the adjuster but again he said that he would not talk to me about other person's case. My friend tried to call the adjuster but he is always on phone, and never returns a call.

What should I and my friend do with this adjuster?

Thanks a lot,
Wally

Answer
Wally, there is nothing you can do to force the AAA adjuster to handle the claim any differently.  The adjuster is right, he does not have to talk to you about the other person's case.  In fact, even if you get a power of attorney, you still cannot legally handle an insurance claim on another's behalf in most States.  

Now, your friend is in a bad situation because he needs a translator and he need to pursue recovery of his damages from the person that caused them (the rear-ender).  When you drag the actual person into the equation, then AAA must honor the policy they wrote and properly defend that other person.  Until you are a threat to the other person (like filing a small claims suit against them), then you are no threat to AAA.

I hope this clears it up for you.  There are few options. . . here they are (in my opinion).

Your friend should hire an attorney or a translator or both.

If your friend cannot afford an attorney, they should hire a translator and figure out the rules for small claims court in the proper location.

Last, you could simply call my office and I will show you where you can find all the information you need to get this settled very cheaply.  

Information is always free at Petty Details, LLC.  Google it and call us if you need further assistance.