Be Very Careful in Dealing with Insurance Companies

November 15, 2010

We can trust insurance companies to do what's right, can't we? An insurance company would never take advantage of a person who didn't have a lawyer,would they? One New York motorist would likely beg to differ after his experience with Progressive after a car accident.

Sebastian Frazzetto was a passenger in a car insured by Progressive that was involved in a three vehicle accident on the Cross Bronx Expressway on March 3, 2007. A representative from Progressive contacted Mr. Frazzetto that very same day and presented him with a "Release of all Claims" and a check for $200. How thoughtful of Progressive. Unfortunately, Sebastian had no idea that by signing the release and accepting Progressive's money, he had just closed the door on his right to pursue any claim for compensation against the driver and owner of the vehicle insured by Progressive. He would soon learn the consequences of his actions.

In a subsequent personal injury lawsuit arising out of this accident, the defense moved to dismiss Mr. Frazzetto's claims, pointing to the release he had signed. Sebastian responded in an affidavit as follows:

"I respectfully submit to this Court that I never intended to release the defendants from "any and all claims" and that I signed the release under the mistaken belief that I had not sustained any injuries in the accident. Immediately after the accident occurred, while I was dazed and shaken up, I did not believe that I had sustained any injury. Indeed despite the fact that the police and ambulance arrived at the scene of the accident, I did not go in the ambulance to the hospital and refused medical attention. I had no actual knowledge on the day of the accident, or at the time that I signed the release, that I had sustained any injury. Furthermore, at the time I signed the release, I had no time to investigate the possibility of any injuries, nor for any deliberation as to whether it was prudent to sign a release."

Judge Dana Winslow of Supreme Court, Nassau County sided with the defense and granted the motion to dismiss in Sebastian Frazzetto, Plaintiff v. Ryder Truck Rental, Inc., Defendant, 003569/10 (Supreme Court, Nassau County, August 31, 2010). The Judge found that the release was valid and was not the product of "fraud in the inducement, mutual mistake or overreaching."

Was the Judge's ruling correct? Would Mr. Frazzetto have been successful at trial in demonstrating that the driver of the vehicle he had released was in fact partly responsible for the accident? While you can take a look at the Frazzetto opinion and reach your own conclusion, there are a number of important lessons that can be learned from this case for anyone involved in a car accident:

1. Promptly seek medical treatment. Let the emergency medical services personnel examine you after an accident and follow their advice. If they recommend going to a hospital, do so. Let the professionals make the determination of your physical condition.

2. Don't rush to sign a release and accept a settlement before you know the full extent of your physical condition. How many of us have suffered an injury in a recreational setting or after slipping and falling on ice which initially didn't seem all that significant only to wake up the next morning in severe pain?

3. Speak with an experienced Trial Lawyer before you speak with any insurance company other than your own. The friendly adjuster from the other driver's insurance company is not on your side. We know how insurance companies work. You need the advice of an experienced personal injury attorney before making a decision to pursue or resolve a claim following a car accident.

Article provided by Greenspan & Greenspan
www.greenspans-law.com
New York Car Accident Claim Attorneys