Filed in pro per civil unlimited against negligent driver that rear ended me and was cited for speeding at scene of accident. Went to hospital and have been treating for spinal injury. Defense counsel for Kemper responded to suit by claiming plaintiff, (myself) not wearing seatbelt. However, I was,... View More 
answered on Oct 2, 2022
Defendants get to assert defenses. They have to prove them by a preponderance of the evidence. You are entitled to dispute the defenses. That happens at trial by testimony or other evidence. Since there has been no trial, you have no right to prevent the Defendants from claiming this defense.
My unit was broken into Sunday morning as this was viewed on their security camera footage following day. I immediately reported to P.D. and Management of storage and waited for someone to show Sunday when I was locked in overnight with no emergency number to call to get out. After explaining this... View More
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answered on Sep 23, 2022
Demand that management give you the insurance company information. If not, you can sue and discovery that information during "discovery."
answered on Sep 20, 2022
If you believe the denial was wrongful or in "bad faith," which it appears you do given your question on this site, speak with an insurance litigation attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client... View More
I was wondering if I had to provide the arbitrator with the transcripts of the phone call I had with my insurance company about the accident? The guy tried suing me and when that wasn't working out he decided to take things to small claims.
answered on Sep 20, 2022
A California attorney could advise best, but your question remains open for two weeks. It could depend on the court. If you're in small claims, it suggests there are probably no injuries. If it will take time to order and retrieve the transcripts, it could be up to the court. In general... View More
Gf was in an accident(at fault) with 2 other vehicles. (25k/50k policy) First vehicle took the settlment. Second vehicle owner is suing for 250k. She makes about 35k a year and no savings. Can we lose our home that is under both our names. 250k mortgage, valued at 390k? Is it protected under... View More
answered on Sep 19, 2022
It depends on how you own the property, as joint tenants or as a tenancy in common. If you are joint tenants, then a judgment creditor cannot likely place a lien on your home. The homestead exception applies only if the judgment debtor files for bankruptcy protection, in which case the home she... View More
I was in a car accident where a lady backed out of her driveway into me as I was driving by, so her bumper dragged across my entire passenger side and took off my mirror. I called my insurance agent, who told me I was to reach out to the other party's insurance, so I did, and waited till after... View More
answered on Aug 26, 2022
contact a local PI lawyer................you were the victim.
any wits?
prepare a summary before you meet with the lawyer and bring pix
Because of a nation wide shortage of said medical device, I was forced to find this device on my own that was not within my Insurance network. If device wasn't obtained, I would have been placed out of work until device was obtained.
answered on Aug 21, 2022
A California attorney could advise best, but your question remains open for two weeks. Going strictly by the terms of the policy, it's possible you might not be entitled to reimbursement. No one here could know for certain. But these types of situations SOMETIMES have room for discretion on... View More
answered on Jul 3, 2022
A California attorney could advise best, but your question remains open for two weeks. It sounds like you might be asking about the possibility of a family member being your caregiver. If that's the case, one option is to reach out to homecare companies to learn more. Also, there are probably... View More
Letters were sent to both Insurance co. and mitagation co. about appliances (outside) being ruined and asked for replacement payment. Both denied responsibility. The mitagation co. wrote back stating that they are not responsible and turned it back to insurance co. The reason why I decided to take... View More
answered on Apr 22, 2022
I would have sued both of them in the same case, and if they wanted to blame each other -- let them. They are both responsible for what happened. As far as you're concerned, it does not matter how you allocate the loss.
California State
I sent an email last week to the insurance company asking for the full testimony/statement of the witness and what he exactly said with the specific time and specific and date of the testimony after the insurance company closed the case based on that statement and ignored... View More
answered on Mar 20, 2022
MORE INFO IS NEEDED.
IS IT YOUR INS CO? IF SO THEY HAVE AN OBLIGATION TO COOPERATE.
IF THE OTHER SIDE, THEY WILL PROBABLY SUGGEST YOU STATEMENTIZE THE WIT YOURSELF.
MAKE AN APPOINTMENT WITH A LOCAL PI LAWYER.
I was involve in accident where my the rear left side of my car was hit by another car(truck) after I took a left turn and enter the TWLT area where the accident occurred inside that area between the two yellow lanes, I have all the images to prove that. No injuries occurred we didn't file a... View More
answered on Mar 6, 2022
The issue is often how much weight to give to the wit testimony. However, remember the car turning LEFT is usually presumed to be at fault ...absent other evidence.
It sounds like the damage is minimal and thus filing in small claims may get you some immediate response.
Remember you... View More
realized now because of the city's inspector report. Therefore I submitted a claim to my insurer this month.
But because of the late reporting the insurer asks me to sign a Non-Waiver Agreement. What the document is about? Should I sign it?
Thanks
answered on Jan 22, 2022
A California attorney must advise you here, but your post remains open for five weeks. As a general concept, non-waiver agreements arise in property & casualty claims when the insurance carrier reserves its rights to investigate and defend a claim, and where it does not concede liability. This... View More
The tenant organized an accident severely damaging the house, rendering it uninhabitable. The owner had to repair it. The accident could have killed people in or around the home at the time and the renter collected an insurance claim. We are in California.
answered on Dec 15, 2021
MORE INFO IS NEEDED.
DID YOU KNOW ABOUT IT THEN? WHEN DID YOU LEARN ALL THIS?
WHY ARE YOU NOW BRINGING THIS UP IF YOU KNEW FOR A LONG TIME???
BEFORE YOU DO ANYTHING CONSULT WITH A LOCAL LAWYER TO BE SURE YOU DON'T
HAVE ANY LEGAL EXPOSURE.
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... View More
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.... View More
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... View More
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... View More
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... View More
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... View More
damage and now 3 years later the insurance company is suing me for what they paid for other car's damage, am I responsible for this?
answered on Sep 21, 2021
Are you personally responsible for damage cause by an un-permitted driver of your car? Depends on what your policy says, but most likely yes. You should consult with a Personal Injury attorney near you and defend yourself against your own insurance company. Even if you are responsible you may be... View More
They didn’t offer additional coverage, knew I had nonowners & loaned a vehicle. Vehicle was damaged & nonowner policy won’t cover it saying they should’ve never let me drive away with it. Am I responsible for the damages to the car? Or are they because of negligent entrustment?
answered on Sep 11, 2021
Normally "negligent entrustment" is when someone entrusts property to a third person who then injures you. Claiming to be the incompetent person to whom the property was entrusted is an interesting legal theory but it may not fly in court. You don't say how the car was damaged.
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... View More
answered on Aug 24, 2021
This is a question to pose to an insurance bad-faith attorney in Pennsylvania.
The manager & owner of the apartment complex want to call the police and say it is a hit & run. I offered to pay for the repair, but they don't want to do it that way. What should I do?
answered on Aug 2, 2021
if while driving your car you cause damage you have to leave word on how to contact you.
Yes, technically it is a Hit and Run.
i assume your position is that you didn't see any damage and would not have known who to contact.......unlike hitting a car and leaving a note for the... View More
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