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Attorney 1
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Category: Consumer Protection Law
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I have an emergency accident in the Mexico. My insurance

Customer Question

I have an emergency accident in the Mexico. My insurance send me instruction to collect medical records and bills for reimbursement. It says:"it is not necessary for you to provide an English translation or convert currency". So I did, but now they demand the translation to ever start process the claim.
Do they have a right to change the requirements after event?
Do I have a right under California Senate Bill 853 for Language Assistance Program to translate the documents?
Submitted: 9 months ago.
Category: Consumer Protection Law
Expert:  Attorney 1 replied 9 months ago.

Hello, and welcome. I am a licensed attorney and happy to assist.

Sorry to hear of your accident and hope you're doing well. In terms of the translation, you are not required to provide any translation at al unless specified in your actual policy. This would be an unlikely provision, but it would be a good idea to get a copy of your policy and take a look, just in case. Also, since you received confirmation that you do not have to provide translation, you can point that out to your insurance adjuster as showing that is not required of you. Importantly, your insurance company is required by law to timely and fairly evaluate your claim and, if they fail to do so, they can be liable to you for insurance bad faith. If a judge finds bad faith, the insurance company could not only have to pay your claim, but could be ordered to pay triple the amount to you, personally as a penalty for the bad faith. It could fairly be argued that putting the burden of translation on you is unreasonable and unfair and constitutes bad faith because it is so burdensome that it would effectively prevent you from pursuing the claim. The courts would not likely allow the insurance company to do this to you. So, the bot***** *****ne is that translation is not your responsibility, unless the policy specifically requires it (don't take the insurance adjuster's word for it) and the policy is very unlikely to have such a provision.

I hope this helps. If you need additional information or clarification, just let me know and I will continue to provide assistance. If I have addressed your issue and/or pointed you in a positive direction, please remember to leave a positive rating when prompted, as that is how attorneys on this site are credited for the help we provide.

Good luck!

Best,

Attorney 1

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