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California Insurance Bad Faith Questions & Answers
4 Answers | Asked in Insurance Bad Faith and Personal Injury for California on
Q: Can insurance company deny to pay medical bills baed on reasonable and customary fees?

I got injured in an auto accident from other driver. His insurance company doesn't want to pay my entire medical bills only a portion of it. There reason is that they owe only reasonable and customary fees. They say that medical bills are unreasonable and "inflated." It seems like... View More

William John Light
William John Light
answered on Jul 11, 2023

Until you get a judgment against the at fault driver, his insurance company can refuse to pay you anything at all, so it is certainly entitled to dispute your medical expenses.

It appears that you are attempting to handle a personal injury claim by yourself. The insurer is not taking you...
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3 Answers | Asked in Insurance Bad Faith, Car Accidents and Personal Injury for California on
Q: How does it go with when a lawyer who’s going after a insurance with 100k insurance policy But I don’t understand

How does it go with a insurance with 100k insurance policy I don’t understand they only want to give 4k in recovery and we can go after 100k But we have to have 100k worth of medical expenses to get that amount Now they researching and going after a hit and run so what would I get at the end I... View More

William John Light
William John Light
answered on Jun 28, 2023

You won't get $50k out of a $100k settlement. The attorney will take 33 1/3% to 40% as a fee. The attorney will be reimbursed for the costs incurred. The medical providers/insurer will be paid for the cost of care. At best, you will get about 1/3.

Nobody will tell you what your...
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3 Answers | Asked in Insurance Bad Faith, Car Accidents and Personal Injury for California on
Q: How does it go with when a lawyer who’s going after a insurance with 100k insurance policy But I don’t understand

How does it go with a insurance with 100k insurance policy I don’t understand they only want to give 4k in recovery and we can go after 100k But we have to have 100k worth of medical expenses to get that amount Now they researching and going after a hit and run so what would I get at the end I... View More

Eric Gene Young
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answered on Jul 1, 2023

I think you are raising legitimate concerns, and you are voicing a common problem clients have with their lawyers, which is a lack of communication, whether it be communication about the status of the case or simply providing education about options and outcomes. It is unfortunate because, in my... View More

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1 Answer | Asked in Insurance Bad Faith for California on
Q: i carry comp collision liability uninsured mortorisst. vehicle was stolen nov21 2022 mercury ins has not paid the claim.

the car was stolen from in front of my home. i immediately called the police. my insurance adjuster called to tell me they were paying out on the claim and she had set me up with another adjuster to handle disbursement of the claim. same day the vehicle was found. It was put into a tow yard in... View More

James L. Arrasmith
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answered on Jun 17, 2023

I'm sorry to hear about your situation. It sounds like a complicated and frustrating experience.

If your insurance company has not paid out on your claim, you may want to contact them to inquire about the status of your claim and why it has not been paid. You may also want to review...
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2 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Q: Should I pursue a "bad faith" lawsuit for a minor (non-injury) collision, or would nothing come out of it?

I was involved in a 3 car collision in CA that was not caused by me. The at-fault insurance company has been ignoring my calls, and it's been exactly 56 days today from the date of the incident/claim (should be resolved within 40 days in CA). I have received no communication via letter or... View More

Justin R. Heim
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Justin R. Heim
answered on Jun 9, 2023

Bad faith lawsuits are filed by an insured policyholder, not a 3rd party (unless that 3rd party has obtained a judgement against that policyholder and received an assignment of rights).

It sounds like you're saying that you're a "3rd party" that got hit by their...
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4 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Q: Is it normal for at fault insurance (not me) to deduct from my settlement amount for excessive damage for a totaled car?

My car was hit while I was parked in a parking lot, not in the car, resulting in it being damaged. Other party left a note and I made a claim on their insurance the same day. Other party’s insurance claimed fault for the accident, and once I took it to a shop, they totaled my car out. I... View More

Neil Anapol
Neil Anapol
answered on Jun 5, 2023

If you have collision coverage, make a claim on your own insurance and stop dealing with the other driver's insurer. Your insurer will total the car, pay you the fair market value, and then get the money back from the other driver's insurers including the deductible.

If you do...
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4 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Q: Is it normal for at fault insurance (not me) to deduct from my settlement amount for excessive damage for a totaled car?

My car was hit while I was parked in a parking lot, not in the car, resulting in it being damaged. Other party left a note and I made a claim on their insurance the same day. Other party’s insurance claimed fault for the accident, and once I took it to a shop, they totaled my car out. I... View More

James L. Arrasmith
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answered on Jun 6, 2023

In situations where your car is deemed a total loss by the at-fault party's insurance company, it is not typical for them to deduct an amount for "excessive damage" from your settlement if you were not at fault in the accident. Generally, the at-fault party's insurance should... View More

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4 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Q: Is it normal for at fault insurance (not me) to deduct from my settlement amount for excessive damage for a totaled car?

My car was hit while I was parked in a parking lot, not in the car, resulting in it being damaged. Other party left a note and I made a claim on their insurance the same day. Other party’s insurance claimed fault for the accident, and once I took it to a shop, they totaled my car out. I... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 8, 2023

The "at fault" driver's insurance is obligated to pay for YOUR CHOICE of 1) repair of the vehicle, or 2) pay you the reasonable value of the vehicle as a total loss. It is YOUR choice, not theirs. They will try to pay you as little as possible because that is what they do and what... View More

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1 Answer | Asked in Insurance Bad Faith for California on
Q: I filed a complaint with the California dept of insurance about coercive antagonistic behavior from adjuster

he has all my written, visual and taped verbal answers to his questions about my claim. I don’t want him to keep contacting me with his intimidating behavior trying to convince me why he’s going to substantially reduce the claim his own assessor arrived at on examining the accident and damage... View More

James L. Arrasmith
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answered on Jun 2, 2023

In dealing with the adjuster, here are a few suggestions:

Document the Communication: Keep a record of all communication with the adjuster, including dates, times, and details of each interaction. This will help you maintain a clear record of the events and any concerning behavior exhibited...
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2 Answers | Asked in Insurance Bad Faith for California on
Q: Every lawyer I ask for help w/ my insurance reducing settlement says only they’ll only take personal injury cases

My car was hit from behind as it was exiting an intersection. My policy covers, but after presenting me with a settlement figure, they now repeatedly try to reduce the amount I already agreed to. I read this is called bad faith insurance. No lawyer I ask for help will take the case unless it... View More

James L. Arrasmith
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answered on Jun 1, 2023

Yes, there are lawyers who will take cases involving unethical insurance practices in California. However, it is important to note that these cases can be difficult to win, and the lawyer you choose will need to have experience in this area of law.

Here are a few things you can do to find a...
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4 Answers | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for California on
Q: Can an insurance company refuse to pay medical bills, because doctor doesn’t have business license?

My sister was in an accident, the other driver was at fault. Now his insurance company refuses to pay her chiropractor's bills because her doctor doesn't have a business license. He has a medical license and the chiropractic center he works at, they have a business license. But he... View More

James L. Arrasmith
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answered on May 31, 2023

In California, an insurance company generally cannot refuse to pay medical bills solely based on a doctor not having a personal business license if they are otherwise qualified to practice medicine and are working within a licensed chiropractic center. However, insurance policies can vary, and... View More

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3 Answers | Asked in Civil Litigation, Contracts, Insurance Bad Faith and Legal Malpractice for California on
Q: What do i do next if I fire my attorney during settling and in litigation? i want to rep myself whats my next step

my attorney was near settling my case during litigation when i discovered forged signatures while my original firm transfered my case to them. I want to negotiate myself with the insurance company because i was defrauded when my claim was transfered and i was never aware of it. as well as all the... View More

James L. Arrasmith
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answered on May 29, 2023

If you have decided to represent yourself after firing your attorney during settlement and litigation, there are steps you can take to navigate the situation. Firstly, thoroughly review the details of your case and familiarize yourself with the relevant laws and regulations. Document any evidence... View More

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2 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Q: I am a Senior, 76, no lawyer will help since not personal injury. My insurance stole my car after I was T-boned & wont

Won’t pay for repairs keep trying to convince me it was my fault, which I can show wasn’t, car still runs fine but they took it without my permission to resell at used car/parts business., keep trying to get me to give them the title, and scaring me saying driver who hit me is suing me for... View More

James L. Arrasmith
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answered on May 26, 2023

I'm sorry to hear about your situation. If you're having difficulty finding a lawyer to assist you because your case doesn't involve personal injury, you may want to consider reaching out to legal aid organizations or senior citizen advocacy groups in your area. They may be able to... View More

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1 Answer | Asked in Insurance Bad Faith for California on
Q: insurance company doesnt disclose policy info to DMV when asked to do so. Ch 5.4 Proof of coverage disclosure Penalty?
James L. Arrasmith
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answered on May 8, 2023

Under California law, insurance companies are required to disclose proof of coverage information to the Department of Motor Vehicles (DMV) when requested to do so. Failure to disclose this information can result in penalties under Chapter 5.4 of the California Vehicle Code.

Specifically, an...
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2 Answers | Asked in Insurance Bad Faith and Consumer Law for California on
Q: What do I do if my insurance company says that my policy wa cancelled for non payment and it’s not true
James L. Arrasmith
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answered on May 5, 2023

If your insurance company has informed you that your policy was cancelled for non-payment and you believe this is not true, there are several steps you can take to address the situation:

Contact the insurance company: The first step is to contact your insurance company and ask for an...
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1 Answer | Asked in Insurance Bad Faith for California on
Q: Backing up a vehicle out of a residential driveway What is the vehicle code number
James L. Arrasmith
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answered on Apr 12, 2023

In California, the vehicle code number for backing up a vehicle out of a residential driveway is Vehicle Code 22106. This code states that a driver may not back up a vehicle unless it can be done safely and without interfering with other traffic. Additionally, the driver must yield to any... View More

2 Answers | Asked in Insurance Bad Faith and Car Accidents for California on
Q: Can I sue my insurance company? Can I only sue for the limit of my coverage?

I live in Ventura county, CA and got in an accident that was my fault but my insurance company isn’t paying anything out - not for my loss or the people I hit; they aren’t even returning my phone calls. What can I do? Can I sue for anything over the limit, I.e., for frustration or anything like... View More

James L. Arrasmith
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answered on Apr 1, 2023

Under California law, insurance companies are required to act in good faith and deal fairly with their policyholders and claimants. If your insurance company is not fulfilling its obligations under your policy, you may have grounds for a legal claim.

If you are considering suing your...
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2 Answers | Asked in Insurance Bad Faith and Car Accidents for California on
Q: Can I sue my insurance company? Can I only sue for the limit of my coverage?

I live in Ventura county, CA and got in an accident that was my fault but my insurance company isn’t paying anything out - not for my loss or the people I hit; they aren’t even returning my phone calls. What can I do? Can I sue for anything over the limit, I.e., for frustration or anything like... View More

Neil Anapol
Neil Anapol
answered on Apr 3, 2023

There are basically two possibilities. One is that there is a legitimate coverage issue that your insurance company is investigating. Usually, when that happens, the insurance company will let you know in writing that there may not be coverage, and therefore it will not pay your claim immediately... View More

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3 Answers | Asked in Personal Injury and Insurance Bad Faith for California on
Q: Geico is denying my medical claim. They are the insurance company of the person who hit me and won't pay.

Geico paid to repair my car and paid for the car rental but won't pay for my medical bills which are $385. Is it worth it to go to small claims court? $385 represents the actual amount that I'm requesting- it doesn't cover mileage or lost wages.

Melina Shahbazian
Melina Shahbazian
answered on Apr 15, 2023

You should consult a personal injury attorney to pursue your claim. In a personal injury case, you are entitled to general and special damages. General damages consist of the pain and suffering your endured due to the injuries you suffered. Special damages include your medical bills, future... View More

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3 Answers | Asked in Personal Injury and Insurance Bad Faith for California on
Q: Geico is denying my medical claim. They are the insurance company of the person who hit me and won't pay.

Geico paid to repair my car and paid for the car rental but won't pay for my medical bills which are $385. Is it worth it to go to small claims court? $385 represents the actual amount that I'm requesting- it doesn't cover mileage or lost wages.

James L. Arrasmith
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answered on Apr 1, 2023

Insurance companies are required to act in good faith and deal fairly with their policyholders and claimants. If Geico is denying your medical claim and you believe that this is unfair or in bad faith, you may have grounds for a legal claim.

While $385 may seem like a relatively small...
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