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California Insurance Bad Faith Questions & Answers
3 Answers | Asked in Car Accidents, Insurance Bad Faith, Personal Injury and Health Care Law for California on
Q: Can a car insurance company such as AAA call a hospital to request billing info without you signing anything/release?

I got into a car accident, the party who hit me insurance (AAA) accepted liability after sending them my dash cam footage. I had to go to the ER, I was hesitant because I lost my job 5 months ago and I thought I didn't have health insurance. Three days later I get a notification email saying... View More

James L. Arrasmith
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answered on Mar 14, 2024

Based on the information you've provided, it doesn't appear that any HIPAA (Health Insurance Portability and Accountability Act) laws were violated. Here's why:

1. HIPAA allows healthcare providers to share a patient's protected health information (PHI) with third-party...
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3 Answers | Asked in Car Accidents, Insurance Bad Faith, Personal Injury and Health Care Law for California on
Q: Can a car insurance company such as AAA call a hospital to request billing info without you signing anything/release?

I got into a car accident, the party who hit me insurance (AAA) accepted liability after sending them my dash cam footage. I had to go to the ER, I was hesitant because I lost my job 5 months ago and I thought I didn't have health insurance. Three days later I get a notification email saying... View More

William John Light
William John Light
answered on Mar 14, 2024

There might be a violation, but there is no private lawsuit for a HIPAA violation. You might be able to pursue an invaion of privacy lawsuit, but since you gave AAA the hospital bill, it doesn't really seem like your privacy has been violated. You should probably focus on a personal injury... View More

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2 Answers | Asked in Consumer Law, Contracts and Insurance Bad Faith for California on
Q: Hi, my storage unit was broken into. I discovered it June 2023. I notified the manager immediately. Then got the police

Report and a list of items missing, what they cost me new and gave them multiple examples of what these items are selling for new. I waited for a month and then when I went to the office to get an update, I was informed the manager was no longer there and they new nothing of the paperwork. They... View More

James L. Arrasmith
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answered on Mar 1, 2024

In California, when you're dealing with a situation where your storage unit was broken into and your attempts to claim insurance have been met with delays and miscommunications, it's important to know your rights and the appropriate steps to take. The insurance provided at the time of... View More

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2 Answers | Asked in Consumer Law, Contracts and Insurance Bad Faith for California on
Q: Hi, my storage unit was broken into. I discovered it June 2023. I notified the manager immediately. Then got the police

Report and a list of items missing, what they cost me new and gave them multiple examples of what these items are selling for new. I waited for a month and then when I went to the office to get an update, I was informed the manager was no longer there and they new nothing of the paperwork. They... View More

Leon Bayer
Leon Bayer
answered on Mar 2, 2024

You have an insurance policy. Does it cover losses from theft? If so, it's time for you to visit one or more lawyers who deal with insurance law, and find one who will sue the insurance carrier. When an insurance carrier fails to deal with you in good faith, you may be able to collect not only... View More

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1 Answer | Asked in Insurance Bad Faith and Landlord - Tenant for California on
Q: Hi, my apartment was recently damaged by a leak in our roof. My insurance is not covering the damages. Can it be covered

The adjuster I talked to said that the damage caused to our apartment building was due to "surface water" which is not covered in our policy. However, upon further research, some cases said that the build-up of rainwater from roofs or gutters is not considered surface water. Should I... View More

James L. Arrasmith
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answered on Feb 29, 2024

If your insurance adjuster has denied your claim based on the classification of the damage as "surface water," and you believe this interpretation conflicts with the specifics of your insurance policy or the actual circumstances of the damage, it may be beneficial to seek a second... View More

4 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Q: I had an accident my insurance denied my coverage because I was at work now I'm being sued is there anything I can do

I was at work and hit someone from behind after they cut me off and slammed on there brakes. I was on break when it happened and never made it back the insurance didn't cover it because they said I was working. I signed a paper stating I don't work with Uber or a ride sharing company but... View More

James Otto Heiting
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James Otto Heiting
answered on Feb 19, 2024

Either you were working and your employer covers it; or you were not working and your personal insurance covers it. There may be some odd circumstances that interfere with that simple analysis; but that seems to be the common sense of your situation. Good luck.

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4 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Q: I had an accident my insurance denied my coverage because I was at work now I'm being sued is there anything I can do

I was at work and hit someone from behind after they cut me off and slammed on there brakes. I was on break when it happened and never made it back the insurance didn't cover it because they said I was working. I signed a paper stating I don't work with Uber or a ride sharing company but... View More

William John Light
William John Light
answered on Feb 20, 2024

Under Labor Code section 2802, your employer has to indemnify your expenses incurred while the course and scope of employment. Its insurer should be fixing your car. If you were driving for Uber or other ride share, you may not have been an employee, but an independent contractor. Whether that... View More

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4 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Q: I had an accident my insurance denied my coverage because I was at work now I'm being sued is there anything I can do

I was at work and hit someone from behind after they cut me off and slammed on there brakes. I was on break when it happened and never made it back the insurance didn't cover it because they said I was working. I signed a paper stating I don't work with Uber or a ride sharing company but... View More

James L. Arrasmith
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answered on Feb 20, 2024

Under California law, if your insurance company denies coverage for an accident that occurred while you were on a break from work, you might still have options to contest the denial. The distinction between being "at work" and "on a break" is crucial, as it can influence the... View More

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4 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Q: I had an accident my insurance denied my coverage because I was at work now I'm being sued is there anything I can do

I was at work and hit someone from behind after they cut me off and slammed on there brakes. I was on break when it happened and never made it back the insurance didn't cover it because they said I was working. I signed a paper stating I don't work with Uber or a ride sharing company but... View More

Tim Akpinar
Tim Akpinar
answered on Feb 24, 2024

As my colleagues correctly advise, a lawyer consult is worth considering here to identify best route of action. Unfortunately, carriers will generally issue policy denials in such scenarios nationwide, often denying no-fault PIP benefits on the grounds of being a workers' comp matter that... View More

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2 Answers | Asked in Insurance Bad Faith and Car Accidents for California on
Q: Will gap insurance pay for totaled vehicle if auto insurance does not pay for the claim?

Hi, my son totaled my vehicle that I still own money to the finance company, my son is excluded from driving the car, so AAA auto insurance refused to accept liability for the accident and won't pay for damages. I have gap insurance on the car, my question is wither the GAP will pay for the... View More

T. Augustus Claus
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answered on Feb 6, 2024

In California, if your auto insurance refuses to pay for damages because a driver (in this case, your son) was excluded from the policy, GAP insurance typically does not cover the outstanding balance on the vehicle loan under these circumstances. GAP insurance is designed to cover the... View More

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2 Answers | Asked in Insurance Bad Faith and Car Accidents for California on
Q: Will gap insurance pay for totaled vehicle if auto insurance does not pay for the claim?

Hi, my son totaled my vehicle that I still own money to the finance company, my son is excluded from driving the car, so AAA auto insurance refused to accept liability for the accident and won't pay for damages. I have gap insurance on the car, my question is wither the GAP will pay for the... View More

James L. Arrasmith
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answered on Feb 22, 2024

In the context of an auto insurance claim in California, GAP (Guaranteed Asset Protection) insurance plays a specific role. It is designed to cover the "gap" between the amount owed on a vehicle loan or lease and the vehicle's actual cash value, which is what traditional auto... View More

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3 Answers | Asked in Consumer Law and Insurance Bad Faith for California on
Q: What do I do for an insurance company causing me to accumulate 1600$ dollars in tow fees after telling me they would?

My car was hit while it was parked, and totaled by a Fred Loya insured driver. It was then towed, and stored at a tow yard. I was told by fred loya they would pay the fees of roughly 535$, and pick my car up. 15 days later I got a call from fred loya, saying they would only pay 440$ for the tow... View More

James L. Arrasmith
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answered on Jan 23, 2024

In situations like yours in California, dealing with an insurance company over towing fees can be challenging, but there are steps you can take. First, gather all communication records with Fred Loya Insurance, including any promises or agreements they made regarding the payment of towing fees.... View More

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3 Answers | Asked in Consumer Law and Insurance Bad Faith for California on
Q: What do I do for an insurance company causing me to accumulate 1600$ dollars in tow fees after telling me they would?

My car was hit while it was parked, and totaled by a Fred Loya insured driver. It was then towed, and stored at a tow yard. I was told by fred loya they would pay the fees of roughly 535$, and pick my car up. 15 days later I got a call from fred loya, saying they would only pay 440$ for the tow... View More

Neil Anapol
Neil Anapol
answered on Jan 23, 2024

Fred Loya is by far the worst insurance company I have ever dealt with, and I have been practicing law for 35 years. I would not waste my time negotiating with them. Instead, file a small claims court lawsuit against the driver who hit your car (assuming the damages are $10,000 or less). You... View More

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2 Answers | Asked in Personal Injury, Products Liability, Real Estate Law and Insurance Bad Faith for California on
Q: Buyer agent did not inform me of Seller's insurance

I recently purchased a home for the first time. Today, six months later, we experienced heavy rainfall and there was a leak from the garage ceiling. I recently learned about a one-year seller’s insurance that could cover this, but I was not aware of it at the time of purchase. My agent, who... View More

James L. Arrasmith
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answered on Jan 22, 2024

Under California law, real estate agents owe a duty of care to their clients, which includes disclosing material information that could affect a client's decision-making in a real estate transaction. If your agent was aware of the seller's insurance that could cover such damages and... View More

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2 Answers | Asked in Personal Injury, Car Accidents, Insurance Bad Faith and Insurance Defense for California on
Q: Can I sue my car insurance company?

My insurance company has left my totaled vehicle in my name without paying any necessary fees - now we have a lien. They have grossly failed in defending me as their customer in a few ways and I would like to know if there are any options in pursuing legal action against them. Happy to give more... View More

James L. Arrasmith
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answered on Jan 3, 2024

Under California law, it is possible to pursue legal action against your car insurance company if they have failed in their obligations towards you as a policyholder. If your insurance company has not fulfilled its contractual duties, such as handling claims properly, paying necessary fees, or... View More

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2 Answers | Asked in Personal Injury, Car Accidents, Insurance Bad Faith and Insurance Defense for California on
Q: Can I sue my car insurance company?

My insurance company has left my totaled vehicle in my name without paying any necessary fees - now we have a lien. They have grossly failed in defending me as their customer in a few ways and I would like to know if there are any options in pursuing legal action against them. Happy to give more... View More

Tim Akpinar
Tim Akpinar
answered on Jan 6, 2024

You could reach out to attorneys to try to set up a free initial consult. But in these types of cases, it isn't necessarily bad faith - sometimes, depending on the finance arrangements, it's a matter of having or not having gap insurance coverage as well as respective liabilities in the... View More

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2 Answers | Asked in Insurance Bad Faith for California on
Q: Who is responsible for cost of repair and damages to my floor durring demo work on an insurance claim? Contractor/ Insur

Demo work was performed by a insurance picked contractor and damages to my tile were made. insurance is fighting hard not to pay and contractor really not responding. what do i do?

James L. Arrasmith
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answered on Jan 2, 2024

In California, when damages occur during contractor work, especially under an insurance claim, the responsibility for repair costs generally falls on the party at fault, which could be either the contractor or the insurance company. If the contractor caused the damage, they might be liable for... View More

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2 Answers | Asked in Consumer Law, Contracts and Insurance Bad Faith for California on
Q: Can I go after an insurance company for claims + damages? Do I have any legal appeal or recourse.

My company lost $70,000 worth of finished product last year after two power outages (one due to weather, one due to construction by LADWP), which caused our finished product to thaw and then refreeze, thus altering its quality.

The insurance company determined with flawed inspections that... View More

James L. Arrasmith
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answered on Dec 24, 2023

In California, if you believe an insurance company has acted in bad faith by unfairly denying a legitimate claim, you have the right to pursue legal action against them. This can include not only the value of the actual loss (the $70,000 worth of product), but potentially additional damages if the... View More

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1 Answer | Asked in Personal Injury, Car Accidents, Insurance Bad Faith and Legal Malpractice for California on
Q: n El 2021 tube un accidente De auto. El auto que me golpeo fue rentado por Getaround y tuve cirujias y solo ofresen 50k
James L. Arrasmith
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answered on Dec 14, 2023

En California, si estuvo involucrado en un accidente automovilístico en 2021 con un vehículo alquilado en Getaround y sufrió lesiones que requirieron cirugía, la compensación que ofrece el seguro puede ser un asunto complejo. La oferta de $50,000 que mencionaste puede estar relacionada con los... View More

2 Answers | Asked in Insurance Bad Faith for California on
Q: My truck was stolen while rented on turo. Turo’s insurance came back with a low settlement. Truck has not been recovered

Turo did not go through the proper verification process for the person who rented my truck. This guy created his profile using a picture of an ID from another country. I called turo before handing this man my keys to raise my concern and ask them if he had been verified. They said he was approved... View More

Tim Akpinar
Tim Akpinar
answered on Dec 21, 2023

Based on the high value of the truck at $145K, you may want to consider consulting with an attorney. If you are not able to come to an agreement after diligently presenting comparable market value vehicles, an attorney could advise on additional options. Try to arrange a quick free consult to... View More

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