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California Insurance Bad Faith Questions & Answers
1 Answer | Asked in Insurance Bad Faith for California on
Q: My car was stolen and my insurance company has done nothing to settle my claim since 4/16/21
Tim Akpinar
Tim Akpinar
answered on Feb 14, 2022

A California attorney could advise best, but your question remains open for two weeks. You could ask your insurance company what is causing the delay, whether it is due to awaiting information, an ongoing investigation, or other reason. You could also reach out to attorneys who handle auto theft... Read more »

2 Answers | Asked in Insurance Bad Faith, Personal Injury, Consumer Law and Contracts for California on
Q: A detaler sold me a car I found out it had two vin numbers when I crashed and found out no insurance was on it

I bought insurance at the dealer thru the geico dealer service agent the dealer verified with geico I had full coverage gave me a paper showing comp and collision. now they say I never had collision dealer said geico is wrong and don't listen to them but car is still not getting fixed I think... Read more »

Theodore Allan Greene
Theodore Allan Greene
answered on Feb 13, 2022

It sounds like you might be able to hold someone responsible. You should sit down with an attorney to discuss possible options.

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1 Answer | Asked in Consumer Law, Federal Crimes, Insurance Bad Faith and Small Claims for California on
Q: My car was stolen and my insurance company has done nothing to settle my claim since 4/16/21

My business has gone down hill because I DO NOT HAVE TRANSPORTATION. I paid for the highest package and never received one ounce of what their contract stated. This is fraud and I need an attorney asap. I am in San Diego but my insurance agent is in Beverly Hills.

Neil Anapol
Neil Anapol
answered on Feb 2, 2022

I suspect there is more to the story, but basically you have probably have an insurance bad faith claim against the insurance company, not the agent. I would contact the adjuster and/or the adjuster's supervisor and find out why they have not settled your claim. Sometimes, the resolution of... Read more »

2 Answers | Asked in Insurance Bad Faith for California on
Q: Would like to have a Bad Faith and Fair Dealings lawyer contact me

My Insurance Company breach our policy by refusing to thoroughly investigate Claims

Neil Anapol
Neil Anapol
answered on Jan 21, 2022

What is your question? If you are asking if you have a case, I would need the entire story. Failure to investigate, by itself does not make for a bad faith case. There has to be damages caused by the insurance company's unreasonable claims handling.

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Q: How close is the initial settlement offer to the final from an insurance company? Like night or day?
Yelena Gurevich
Yelena Gurevich
answered on Jan 11, 2022

It depends... on the facts, the injuries, the adjuster, the insurance company, the status of your case, and even the attorney representing you. No random lawyer can answer a question like this without specific details. Consult with an attorney or several attorneys to get a better idea of the... Read more »

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1 Answer | Asked in Criminal Law and Insurance Bad Faith for California on
Q: Is it too late to report renters insurance fraud that occured more than 3 years ago?

Can someone be convicted of rental insurance claim fraud (investigated and convicted) if the crime occured more than three years back? (Less than 10 years ago)

Neil Anapol
Neil Anapol
answered on Dec 20, 2021

The statute of limitation is actually four years. However, unless you have solid evidence, its unlikely that the authorities are going to take an interest in the case or investigate it.

2 Answers | Asked in Insurance Bad Faith, Car Accidents and Small Claims for California on
Q: Can I sue the at fault policy holders insurance company for bad faith IN small claims court? I believe I have cause.

Policy holder = Door Dash (door dasher was in route with food)

The question of who was at fault is not an issue. due to limited character space available, the following is not exhaustive.

(I believe) I have documented no less than 3 instances of bad faith practices, and potentially... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Dec 16, 2021

MORE INFO NEEDED.

SET UP AN APPT TO GO OVER YOUR POTENTIAL CASES WITH A PI LAWYER.

IF IT IS BAD FAITH IT WOULD HAVE A LOT MORE VALUE THAN THE $10,000.

CHANCES ARE BAD FAITH WOULD BE HARD TO PROVE AND... IF YOU WON ...THE OTHER SIDE WOULD APPEAL AND THEN THEY CAN HAVE LAWYERS...
Read more »

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1 Answer | Asked in Insurance Bad Faith for California on
Q: My insurance company isn't trying to pay out my claim cause I'm on wrong policy

So how do I fix this problem

Neil Anapol
Neil Anapol
answered on Nov 24, 2021

I'm going to need a lot more information to answer your question. Is it an auto claim? Whose policy are you on? Why are you on the wrong policy? Did the insurance company deny your claim? If so, what reason did the insurance company provide?

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Could you answer to info on insurance adjuster?

I own a tree care company, we where providing services removing a tree stump. We had the area covered to prevent flying debris, also a 50ft edge was covering the side. On the other side of the 50 ft hedge a lady came by and said that an our earlier we had broken her sunroof window. I said I would... Read more »

Maurice Mandel II
Maurice Mandel II
answered on Nov 15, 2021

What can you expect? You can expect a demand letter from the insurance company asking you to pay for the damages and unless you pay them the insurance could be suing you for the money they paid on the homeowner's claim. If it goes to Small Claims, or any Court, they have to prove up a case.... Read more »

1 Answer | Asked in Insurance Bad Faith for California on
Q: To what degree your insurance company with road side assistance are liable to assist you with your emergency brake down?

Formost insurance failed to provide assistance to me , an individual with disability, because I didn't have enough money to cover the towing, they first said $2000 out of pocket and then kept chang the number. In 4 instance. I was driving my RV from LA to san Francisco. I blow 3 tires, then... Read more »

Neil Anapol
Neil Anapol
answered on Nov 15, 2021

Its impossible to answer that question without looking at the insurance policy. However, if you are correct that the insurance company breached the insurance contract by not providing roadside assistance, they owe you the cost of the service (whatever you paid the other provider to fix your tires... Read more »

1 Answer | Asked in Insurance Bad Faith for California on
Q: We were denied insurance claim on our RV was stolen when it was getting warranty work on it at Camping World.

Anderson California our insurance denied the claim to .

Neil Anapol
Neil Anapol
answered on Oct 25, 2021

I would need more information to determine whether your insurer was justified in denying your claim. For starters, the insurer usually sends you a letter stating all of the reasons for its denial, and citing the applicable policy provisions. If there is some kind of exclusion that fits the facts... Read more »

2 Answers | Asked in Car Accidents, Insurance Bad Faith, Insurance Defense and Legal Malpractice for California on
Q: how long does it usually take to handle a stolen vehicle claim?

my car was taken from home 60 days ago. august 15th. they have had my vehicle in their custody for 60 days while im paying cash daily for a car rental and they will not/have not returned my calls or emails since on or about 9/14. my insurance which is full coverage (making payments) is paid through... Read more »

Neil Anapol
Neil Anapol
answered on Oct 14, 2021

It depends. If the insurance company accepts the claim, and there is no dispute about the value of the vehicle, a few weeks at most.

If the insurance company suspects fraud and asks for your examination under oath, it could take several months, and the insurance company might eventually...
Read more »

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1 Answer | Asked in Civil Litigation, Insurance Bad Faith and Probate for California on
Q: If I signed a settlement agreement , is it binding or is there any way possible to back out of the agreement?
Neil Anapol
Neil Anapol
answered on Oct 13, 2021

Its impossible to answer that question without knowing more about what happened. Is it a settlement with your own insurer or a third party? Is there any way you can claim that you were fraudulently induced to sign the agreement? Was there a mutual mistake of fact that caused you to sign the... Read more »

1 Answer | Asked in Insurance Bad Faith and Contracts for California on
Q: If a complaint with California Department of Insurance had been filed, will this toll the contractual statutory

period of an home insurance company ?

Neil Anapol
Neil Anapol
answered on Oct 12, 2021

Filing a complaint with the California Department of Insurance does not toll the contractual statute of limitations. However, the contractual statute of limitations is tolled during the time the claim is open. Therefore, the statute begins to run when the event triggering the claim occurs. It is... Read more »

1 Answer | Asked in Consumer Law and Insurance Bad Faith for California on
Q: If insurance carrier denied insured's claim, by false interpretation and application of Buillding code, to deny claim,

Is it considered material misrepresentation and therefore fraud by insurance carrier? What is the prescriptive period to sue the insurance carrier?

Tim Akpinar
Tim Akpinar
answered on Oct 9, 2021

A California attorney could advise best, but your post remains open for three weeks. Until you are able to have a meaningful and detailed consult with a local attorney, it sounds like an interpretation of law more than a representation. As to whether the interpretation is correct, that could be a... Read more »

1 Answer | Asked in Consumer Law, Insurance Bad Faith and Insurance Defense for California on
Q: I have a question about The Carmack Amendment.

I looked at the information in the link you sent. Thank you for responding.

First, I searched for "diminished", then for "only" in order to locate anything that states that property is only the physical article that was damaged and nothing else that is commonly also... Read more »

Leon Bayer
Leon Bayer
answered on Sep 29, 2021

The Carmack Amendment is a 1906 revision to the Interstate Commerce Act of 1877, which regulates the relationship between shipping companies and the owners of goods under shipment. The Carmack Amendment limits the liabilities of these shipping companies, known as carriers, to loss or damage of the... Read more »

1 Answer | Asked in Insurance Bad Faith for California on
Q: My son was robbed at gun pt at an LA cafe serving food at tables outside. Should their insurance cover his loss?

The cafe owner said he would check with his insurance about covering the loss and he said his insurance would not cover the loss because it occurred outside, yet the cafe serves patrons outside all the time…

John Karas
John Karas
answered on Sep 15, 2021

This is not a insurance bad faith matter. You're not the insured and lack standing to sue the cafe's insurer.

You can sue the owner for negligence insofar as failing to provide security. However, unless the amount stolen from you exceeds $10,000, you would have to file the...
Read more »

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: My insurance underwriter wants me to update wiring in a 120 yo home.

I bought a home in Pennsylvania recently, and there is some residual knob and tube wiring. My insurance underwriter did not do any inspection (due to covid), but is now threatening to drop coverage based on my disclosure.

I have had the home inspected multiple times, all of whom said that... Read more »

John Karas
John Karas
answered on Aug 24, 2021

This is a question to pose to an insurance bad-faith attorney in Pennsylvania.

Q: The Worker's Compensation Atterney I hired settled my PD claim w/o my consent

I told him no i wanted full disclosure of my claim and need to ask the judge for some of my $125,642 award i was put as permanet and stationary way to early by my PTP when still getting my right hand,fingers,thumb,wrist from pulling radial nerve out of my bicept from jobsite fall ,and my back and... Read more »

Neil Pedersen
Neil Pedersen
answered on Jul 13, 2021

You have not asked a question.

This Q&A board is not a place to solicit an attorney to work for you. It is a place to get general legal guidance.

Speak to your attorney about this. You cannot be forced to sign a settlement that you do not agree with. However before you walk...
Read more »

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2 Answers | Asked in Insurance Bad Faith, Personal Injury and Workers' Compensation for California on
Q: a corrupt doctor had my supportive care ended, the lawyer and insurance co were complicit ! I have documentation please

Please help, the attorney made false pleadings to the judges, the doctor did not even see me for 10 minutes and never examined me.

the recent laws changed helped them to squash my pleadings. I've gone as far as I can . they made so many lies that can be proven with electronic files.... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jun 9, 2021

MORE INFO NEEDED.

YOU NEED A LAWYER THAT IS WILLING AND CAPABLE OF HANDLING THIS MATTER ON A CONTINGENCY......IT IS NOT MY FIRM AS WE DON'T DO THAT KIND OF MATTER.

MOST LAWYERS DO NOT WANT TO THROW THEIR OWN MONEY AT LITIGATION THAT MAY BE STALE?

I ASSUME IF THIS WAS A...
Read more »

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