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Insurance Bad Faith Questions & Answers
1 Answer | Asked in Insurance Bad Faith for California on
Q: Been 30 days since Auto Insurance approved a claim but not paid out, what happens now? California

May 27th, 22 My car was hit by a drunk driver while parked. I reached out to their insurance for a settlement. It has been over 30 days since they approved the claim. However, they still haven't paid out. I have provided them with Photos, police report, and police documentation # to request... Read more »

Neil Anapol
Neil Anapol
answered on Jul 7, 2022

These time limits you speak of (California Code of Regulations section 2695.7 do not apply to third party claims. The at-fault party's insurance company can simply refuse to pay. If that happens, your only recourse would be to sue the at-fault party. This is why it is almost always a... Read more »

1 Answer | Asked in Insurance Bad Faith and Car Accidents for California on
Q: Is non renewal of auto insurance like this allowed in California?

I had full coverage insurance. My policy was auto renewed last October and was on auto pay. I just found out they didn't renew it in April and have been without insurance for a couple months now and was involved in a fender bender (which is how i found out it was cancelled). I called to... Read more »

Ronnie Kashri
PREMIUM
Ronnie Kashri
answered on Jul 5, 2022

In order to answer the question, it requires more information such as if there was a broker/agent involved as well, the policy language, any autopay agreements, etc. However, I will say that an insurance company is obligated to provide notice of cancellation due to non-payment of premium, pursuant... Read more »

1 Answer | Asked in Consumer Law, Civil Litigation and Insurance Bad Faith for Michigan on
Q: Do you believe this situation is worth pursuing from a legal & financial perspective? Is there precedent for this?

Hello & I appreciate your time & expertise.

I took my car to my Ins. Co.’s recommended Collisions Shop.While in for a complete tear down quote, the Shop caused additional damage to my car. They submitted a final quote to my Ins. Co. - which includes the cost to repair their... Read more »

Brent T. Geers
Brent T. Geers
answered on Jun 29, 2022

Probably not. Look, insurance is a business. It is probably not worth their while to fully investigate what might have happened, especially when clearly, the insurance company is paying a claim anyway, just to save a few bucks.

It is pre-arranged; insurance companies are most collision...
Read more »

1 Answer | Asked in Insurance Bad Faith and Employment Law for Alabama on
Q: Union sponsored supplemental life insurance for certain railroad retirees (Yardmasters) is being denied.

Allegedly upon retirement, a covered Yardmaster had a time limit of 60 days to submit a $20 payment to retain the insurance upon retirement. Subsequently, because of this requirement, at least one yardmaster was denied the benefit. However, recently another yardmaster was granted the insurance... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 28, 2022

An Alabama attorney could probably advise best, but your question remains open for four weeks. In terms of your question on a class of plaintiffs, it could depend on the size of the pool of retirees. One option is to reach out to an employment attorney. Good luck

1 Answer | Asked in Insurance Bad Faith for Oregon on
Q: I had major damage from a roof leak and State Farm wants to deny it.

At first they told me they were going to deny it. The next day they said they would partially approve it. The day after that, they said that they again said they were going to deny it. So far - they have put nothing in writing. They reversed because my $11K damage to my walls, ceiling, and trim was... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 19, 2022

An Oregon attorney could advise best, but your question remains open for two weeks. It could be difficult to speculate about the change in position without knowing more about the file in terms of the policy terms, damages, repairs, inspections, approvals, and other possible issues. If the reversal... Read more »

1 Answer | Asked in Insurance Bad Faith and Contracts for California on
Q: West coast insurance company is refusing to pay claim. It is a covered repair . What can I do? Need car back

I took my car to pep boys because it’s belt was screaming. Had evaluation for 19.99 which I paid. Got estimates for $731. This is a covered repair and we had paid for extended warranty 3000. So call west coast, aka protective to get authorization. They told me I should take the car back to seller... Read more »

Neil Anapol
Neil Anapol
answered on Jun 17, 2022

Unfortunately, automobile warranties are not considered insurance and there is no way to sue the warranty company for bad faith. At most, you have a breach of contract claim worth $731. Give the warranty company a reasonable chance to authorize the repair. If they do not, your best bet would be... Read more »

1 Answer | Asked in Insurance Bad Faith for California on
Q: My question remains, has there been lawsuits charging insurance companies with murder or attempted murder?
William John Light
William John Light
answered on Jun 10, 2022

No one knows the allegations of every lawsuit filed, but the answer to your question is "no." Lawsuits do not allege murder or attempted murder. The closest you would get to that would be a count for wrongful death. Whether there is a lawsuit for wrongful death against an insurer that... Read more »

3 Answers | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for California on
Q: Why my car insurance won’t pay the rest of my hospital bill after accident?

I was in a accident, the other driver was found 100% at fault. My hospital bill was $52,000. I was able to negotiate with the hospital to take off $14,000 leaving me with $37,000. The person Who hit me only had a bodily injury of $15,000. I have under insured bodily injury of $25,000 with AAA. My... Read more »

John Karas
John Karas
answered on Jun 9, 2022

I suggest that you consult with an attorney or law firm that specialize in Insurance Bad Faith in your area.

Be aware that they may or may not take on your case against your insurer on a contingency fee basis because of the relatively modest UIM policy limits but if the insurer refuses to...
Read more »

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Q: Has Workers Compensation in California been sued and charged for murder or attempted murder?

Workers Comp Adjusters attend physician/doctor appointments and direct medical care. Those directions and restrictions on medical care are serious enough to cause death.

E.g. not authorizing evaluation and treatment for a serious skull and brain injury that is known to cause death if left... Read more »

Gary Alan Jackson
Gary Alan Jackson
answered on Jun 7, 2022

GET AN ATTORNEY! you cant fight back when you don't know the rules of engagement.

1 Answer | Asked in Health Care Law and Insurance Bad Faith for Maryland on
Q: I was denied a 2nd opinion for spine surgery thus delaying healing. My issue can lead to paralysis/death. Can you help?

This was Kaiser MidAtlantic, South Baltimore location’s Head surgeon and a contracted neurosurgeon who refused minimally invasive procedures and newer 93% success rate procedures with shorter recovery periods. They prefer the 50 year old procedure that has 70% success rate initially, but within... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 5, 2022

A Maryland attorney could advise best, but your question remains open for three weeks. I'm sorry for your ordeal. It's going to be difficult for any attorney to offer meaningful guidance on something of this complexity without seeing the file and the terms of the insurance coverage. If... Read more »

1 Answer | Asked in Insurance Bad Faith for Oregon on
Q: I had a water from an ice dam last year and had an insurance claim. I just had rain damage again in the exact same spot.

I informed my insurance company to base the new damage on the old claim. They said it's a new claim. I have a $4500 deductible. What is my best approach? The restoration team said they could not determine if it was related. So far they haven't informed me that I even have a claim and it... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 4, 2022

An Oregon attorney could advise best, but your question remains open for two weeks. One option is to consult with an architect or civil engineer about the prospects of proving a common thread between both sets of damages. Given that the restoration team's position is that they could not... Read more »

1 Answer | Asked in Family Law and Insurance Bad Faith for California on
Q: I believe my father forged my signature to obtain a insurance policy pay out as well as power of attorney over me

What kind of lawyer would I need for this case

Neil Anapol
Neil Anapol
answered on May 31, 2022

You need an insurance coverage lawyer. You did not supply enough detail to get into the specifics of your case, but it sounds like you might have recourse against the insurance company if it paid out based on a forged document and you did not get the money.

1 Answer | Asked in Insurance Bad Faith for California on
Q: Where can I find a lawyer for my auto insurance claim?

I am looking for a lawyer to help me resolve my auto insurance claim. I got my car stolen last august and retrieved it the same month. My insurance refused to total the car out because they claimed it was fixable. It’s been 9 months and my car is still not repaired. I want to know if there is... Read more »

Neil Anapol
Neil Anapol
answered on May 27, 2022

Whether or not you have a bad faith case against your insurance company comes down to a lot of details you did not provide. If you do have a case, you should be able to recover the entire rental car costs (not just the 90 days) plus other damages including financial damage, emotional distress,... Read more »

1 Answer | Asked in Consumer Law, Car Accidents and Insurance Bad Faith for Texas on
Q: Do statues begin the day liabilty is determined or the day you're notified?

Does someone need to be notified of their right to file a claim & what the deadlines are before statues can begin?

Tim Akpinar
Tim Akpinar
answered on May 21, 2022

A Texas attorney should advise here, since statutes of limitations are governed by state law. But your question remains open for two weeks. In virtually all jurisdictions, statutes of limitations usually use the day of the accident as a reference point. A local attorney could provide specific... Read more »

1 Answer | Asked in Civil Rights, Criminal Law, Federal Crimes and Insurance Bad Faith for California on
Q: Where do I report attempted break check insurance fraud caught on dashcam? Is there a civil matter here?

A driver cut in front of me and slammed on their brakes. My dashcam clearly shows no cars in front of me when this driver cuts and attempts to get me to hit their car. They then stop, and go trying to bait me and stop again with no cars in front of them where you can clearly see a green traffic... Read more »

Dale S. Gribow
Dale S. Gribow
answered on May 17, 2022

i think the police and department of consumer affairs are your best bets.

you can always sue someone but likely, no lawyer will take it on a contingency, and your only other avenue is small claims......but what are YOUR damages?

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: Is the limitation for punitive damages of 4.5 times to max 10times limited to personal injury also apply to willful wro

Willful wrong done by corporation. Have life insurance case 2 lawyers will take. But I feel the case warrants punitive damages. 2 trial lawyers fail to return call. Case is either Florida or federal. The life insurance policy was a single premium variable guaranteed renewable. It can be... Read more »

Tim Akpinar
Tim Akpinar
answered on May 14, 2022

Only a Florida attorney could advise as to the limitation you mention, as it could involve state-specific law. But your question remains open for four weeks. As to the other more general legal issue you raise about warranting punitive damages, that is often up to the discretion of the court in many... Read more »

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Illinois on
Q: A few months back I was driving a rental car and hit a deer. I now am going to court for driving without insurance?

I sold my car years ago and use rental cars for work so I don’t have my own personal insurance besides on my credit card. I had always thought that rental car companies legally had to have state minimum coverage on their vehicles. How do I fight this?

(Update #2): Providing a second... Read more »

Charles Candiano
Charles Candiano
answered on May 13, 2022

Please don't say that you thought car rental companies were obligated to provide insurance. They all DO provide insurance as a DEFAULT.

The application requires you to SPECIFICALLY DECLINE insurance coverage and additionally makes you sign or initial that choice. Additionally, rental...
Read more »

1 Answer | Asked in Family Law, Health Care Law and Insurance Bad Faith for Florida on
Q: My sons dad pays for health insurance for our child but his name was spelt wrong is there anything I can legally do?

He has to go through his employer to fix it. He has but his employer isn’t doing anything but his employer says he is. Is there anything legally I can do to get his name fixed so we can get the insurance that he’s paying for since march?

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 12, 2022

It seems odd that a mere spelling error on the insurance paperwork should prevent you from getting medical care for your child. If the child needs medical attention, ask the medical provider to contact the insurer and get the care pre-approved.

1 Answer | Asked in Personal Injury and Insurance Bad Faith for Pennsylvania on
Q: I have Aflac and was denied accident, hospital and critical illness claims after I have a miscarriage at 12 weeks.

was hospitalized( was admitted), and given an emergency blood transfusion. Was this not an accident? Is needing a stat blood transfusion critical? And I was admitted to the hospital but because I wasn't there 24 hours they denied that claim as well?

Tim Akpinar
Tim Akpinar
answered on May 7, 2022

A Pennsylvania attorney could advise best, but your question remains open for two weeks. And it's possible that time could be of the essence in responding to the denial. I am very sorry for your ordeal.

The short answer is that an attorney consult could be valuable here, unless you are...
Read more »

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for Virginia on
Q: Can a car insurance company pay select medical bills? I really need to know before I sign

I went to court for a car accident. I was injured and not at fault but our cars didn't see much damage. I won but the settlement wasn't high enough to cover my treatment and etc so I filed an appeal but my attorney at that time refused to move forward with Me through the appeal So I did... Read more »

Tim Akpinar
Tim Akpinar
answered on May 5, 2022

A Virginia attorney could advise best, but your question remains open for three weeks. You ask if it is possible for defendant's insurance company to pay only select medical bills. In GENERAL NATIONWIDE, if your payment is coming from the bodily injury/liability department, they may not... Read more »

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