Tag Archives: insurance loophole


Birthday-Easter2013 102If you think your auto insurance policy protects you from financial loss, you could be in for a very unpleasant and expensive surprise.  A gigantic loophole makes it possible for insurers to sidestep their responsibility.  If an accident is determined to be caused by a  “medical emergency,” the responsible driver’s insurance company can declare itself not liable for damages caused– both medical and property damage.

A few days ago I walked into the house at the end of the day to be greeted by a letter from ESIS, Inc., an insurance company representing the driver of the car that struck mine January 14.  Naively, I thought it might be information about when they would begin payments toward the medical bills that have been coming in weekly. (Bills for just the first surgery topped $16,000.)  I was disappointed.

In part, the letter read:

Our investigation has concluded that our account driver suffered a medical emergency at the time of this loss. We have determined that he did not suffer from a pre-existing condition and could not have foreseen that this would occur. This was an unfortunate incident; however we fail to see the negligence or liability on our account driver. This incident was caused by a sudden medical emergency that could not have been prevented. Therefore, we must respectfully deny your claim for damages. Continue reading WARNING: AUTO INSURANCE LOOPHOLE