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Insurance Defense Questions & Answers
1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Georgia on
Q: Can a life insurance company refuse to pay a benefit if the policy was in effect at the time of death

The ins.co has said payments had lapsed but was reinstated and paid up at time of death. But also are claiming that they were given false information about the facts of deceased health. The policy was over 7yrs old and the person who was handling finance issues was not beneficiary.

Tim Akpinar
Tim Akpinar answered on Jan 14, 2022

A Georgia attorney could advise best, but your question remains open for two weeks. The short answer is yes, they can deny a claim. And there can sometimes be worthwhile grounds on which to challenge a denial. Not to evade a simple answer here, but a Georgia attorney who handles litigation of life... Read more »

1 Answer | Asked in Car Accidents and Insurance Defense for South Carolina on
Q: Can you accept an insurance companies total loss offer but buy your car back with a salvage title with a lien on it stil

I owe $8000 on my car they offered $13000 can I get my car back with a salvage title

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 14, 2022

Most likely you will have to pay off the lien from your insurance proceeds before you can obtain a salvage title. I doubt the lienholder would agree otherwise but you can ask them if they will do so.

1 Answer | Asked in Contracts, Car Accidents and Insurance Defense for Colorado on
Q: I got insurance last month. totaled car. insurance pmt late. They're cancelling me in the middle of my claim. Can they?

My payment is late. I will be able to pay on my payday (in 5 days). They said it will be cancelled on Jan 4.. Can they cancel me before finishing my claim?

Tim Akpinar
Tim Akpinar answered on Jan 11, 2022

A Colorado attorney could advise best, but your question remains open for four weeks. As a general matter nationwide, the issue is generally whether the policy was in effect at the time of the accident, barring any special conditions stipulated by the carrier. Carriers can extend grace periods to... Read more »

1 Answer | Asked in Insurance Defense for Alabama on
Q: I'm being sued by an insurance company. I'm on disability. What are my options
Tim Akpinar
Tim Akpinar answered on Jan 8, 2022

An Alabama attorney could advise best, but your question remains open for three weeks. You probably need to respond with a set period of time, which is probably included in the papers. You could reach out to a local collections defense attorney to review the summons and complaint and discuss your... Read more »

1 Answer | Asked in Insurance Defense for Texas on
Q: If I drive a vehicle that doesn't have insurance on it can I still be held financially responsible for the vehicle

Vehicle is not mine and not registered to me

Teri A. Walter
Teri A. Walter answered on Jan 6, 2022

You're always responsible for accidents you cause, no matter whose vehicle it is. You need your own insurance.

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Louisiana on
Q: I was in an accident (12/17) and my insurance won't cover it. What are my options?

I got into a wreck on the afternoon of 12/17. Fault wasn't determined at the scene, and no tickets were issued. I didn't immediately file a claim with my insurance due to stress and mental health issues (it was the 5-yr anniversary of my dad's death). I also needed to get a microSD... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 6, 2022

You should contact an accident/injury lawyer in your area to specifically discuss your matter-----most attorneys who receive calls and inquiries about this subject matter will provide a free/complimentary consultation.

1 Answer | Asked in Personal Injury and Insurance Defense for Pennsylvania on
Q: Man hurt himself on my property blowing leaves. Lawyered up. Besides my ins. lawyers do I need other.Now or future.
Tim Akpinar
Tim Akpinar answered on Jan 2, 2022

A Pennsylvania attorney could advise best, but your post remains open for three weeks. Attorneys assigned by an insurance carrier will sometimes advise a policyholder it is their right to explore outside counsel. Your insurance carrier's attorney would likely be in a better position to offer... Read more »

1 Answer | Asked in Insurance Defense for Oklahoma on
Q: If i am parked at a stop sign waiting to turn left then switch my blinker to right due to heavy traffic can i turn right

I was at a stop sign, in the middle of the driveway, leaving a private drive with no designated turning lanes when i switched my blinker to turn the opposite direction due to heavy traffic. While waiting to turn another vehicle came from behind up on right hand side of my vehicle in blind spot.... Read more »

Charles Watts
Charles Watts answered on Dec 30, 2021

This is one for the insurance companies to fight out but if you turned into them and they were sitting still then most likely you will be responsible party because you are responsible for your car in movement and making sure to clear obstacles.

1 Answer | Asked in Car Accidents, Insurance Bad Faith, Insurance Defense and Civil Litigation for Florida on
Q: Can my car leaser add damages to my credit if I choose to return it damaged even though I have gap insurance.

Hello. I want to return my car because I plan on buying a house early 2022 and don't want a car payment listed as a bill when I apply for loans. I got into a wreck last month. I only have pip insurance. It's a fairly large dent in the driver side of the door. The person's insurance... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 29, 2021

Your plan has serious flaws in it, not the least of which is a possible legal claim from the dealer seeking the remaining monthly payments that you agreed to pay at the beginning of the lease.

Whoever told you that you can just return a badly damaged leased car to whoever leased it to you...
Read more »

3 Answers | Asked in Personal Injury, Traffic Tickets and Insurance Defense for Georgia on
Q: What is the Georgia state law or Fulton county law that states or implies that a driver is at fault for a lane merge.

I was in a accident where the lanes merged from 2 lanes into 1 lane (the right lane merged into the left lane). I was in the left lane, but the driver in the right lane sideswiped me trying to cut me off. The driver that hit me was cited with a warning, I of course received no ticket. My insurance... Read more »

Michael W. Horst
Michael W. Horst answered on Dec 24, 2021

Based on the fact pattern you presented, I believe O.C.G.A. 40-6-42 is applicable to your situation. I suggest you Google it and see if that does not help you in your fight with the insurance company.

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1 Answer | Asked in Car Accidents, Insurance Defense, Collections and Insurance Bad Faith for Texas on
Q: If I have met my deductible and out of pocket max due to a car accident, why is my insurance requesting I pay them back?

I was in a hit and run car accident in September resulting in severe damage to my left foot and left hand. We have met our deductible and out of pocket max with medical insurance due to the surgeries I have required. I will have to pay those again when the new year comes because I am still... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 22, 2021

A Texas attorney could advise best, but your question remains open for two weeks. I'm sorry for your aggravation being compounded by the demand for the repayment of cost of your medical services. Unfortunately, these situations can arise where health insurance carriers assert liens against... Read more »

1 Answer | Asked in Insurance Defense for Virginia on
Q: Is it possible to negotiate a denied life insurance claim if the deceased forgot to submit evidence of insurability?

Any information is appreciated.

Tim Akpinar
Tim Akpinar answered on Dec 20, 2021

A Virginia attorney could advise best, but your question remains open for two weeks. People do negotiate or contest their denials. Another possibility is to reach out to Viriginia attorneys who handle life insurance claims to discuss in more detail. Sometimes, it becomes necessary to litigate... Read more »

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for New York on
Q: Insurance company denied medically necessary breast reduction. My back is now more damaged. Can I sue?

Hi,

I have a very large chest and as such I also suffer from crippling back pain. It has gotten to the point I can no longer function normally and cannot even get out of bed some days due to sciatica. I tried to get my insurance company to pay for a breast reduction and they denied me. In... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 16, 2021

I'm sorry for your ordeal with the back pain. In terms of having a case on which to sue, a law firm could offer a more meaningful response after reviewing the file with the input of medical professionals. What you are really probably wondering is whether you could sue in a manner where a law... Read more »

1 Answer | Asked in Criminal Law and Insurance Defense for California on
Q: Can a tenant be prosecuted in 2021/2022 for rental insurance fraud committed in 2016?

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.

Dale S. Gribow
Dale S. Gribow 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.

1 Answer | Asked in Personal Injury, Insurance Defense, Municipal Law and Small Claims for Michigan on
Q: Am I responsible for removing my trampoline from a privately owned golf course's pond?

My trampoline flew into a pond owned by a privately owned golf course during a major wind storm. The trampoline was anchored down and was ripped out by the wind. I live in an HOA that is next to the golf course. The trampoline is destroyed. Am I responsible for cleaning it up out of the pond?

Brent T. Geers
Brent T. Geers answered on Dec 14, 2021

What is the golf course owners saying? Even though it's an act of God, someone will still have to pay. Either the golf course will just do it on their own, or they will contact the HOA and the HOA will pay, and may end up tracing it back to you.

It may be worth your while to contact...
Read more »

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Consumer Law for New Hampshire on
Q: Have a insurance company that will not negotiate even after I asked for several item . Spoke to the “supervisor “

In negotiations with insurance, though talk have stalled. They only went up 300 dollars from initial offer on a total losS they have not been able to provide information on how they arrived at that number of 8,000 when I see car for sale for 10000 to 12000 I even provided them direct links though... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 11, 2021

A New Hampshire attorney could advise best, but your post remains open for two weeks. As a general premise nationwide, insurance carriers do not have a statutory obligation to settle all claims. They have an obligation of conducting the claims process in good faith. But it is not necessarily bad... Read more »

1 Answer | Asked in Family Law, Real Estate Law, Insurance Defense and Municipal Law for South Carolina on
Q: What type of liability insurance is needed for a home child care center?
Tim Akpinar
Tim Akpinar answered on Dec 7, 2021

A South Carolina attorney could advise best, but your question remains open for four weeks. You could also consider discussing this with an insurance agent who has experience with commercial policies for these types of operations. That way you could identify the risks you need to be protected... Read more »

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Louisiana on
Q: If an insurance company totals totals my car because I have paint scratches can I just cancel my claim

I filed a claim for scratches the insurance company wants to total They are not giving me enough money to buy a new car And a salvage on my on my six-year-old car would leave me uninsurable

Tim Akpinar
Tim Akpinar answered on Dec 6, 2021

A Louisiana attorney could advise best, but your question remains open for three weeks. It could depend on their standard policies. The determination to total out is generally based on certain thresholds, where a carrier would not pay for repairs beyond replacement cost based on market value... Read more »

1 Answer | Asked in Insurance Defense for Louisiana on
Q: Law firms contacts about a car accident you were involved in. And ask for you to send a copy of your insurance policy?

I was the cause of a car accident just a finder bender. Gave him my insurance info. That was the 7th of this month. On the 24th I received a letter from a law firm asking for me to send a copy of my insurance policy and declaration of policy limits. And to inform my insurance company of this.... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Nov 29, 2021

As far as I can tell, the lawyer has not done anything improper, however you do not have to comply with his request. Instead, I would inform your insurance company of your accident and forward a copy of the attorney's letter to your insurance and let your insurance company handle this from here.

1 Answer | Asked in Insurance Defense for Maryland on
Q: My fiance hit an illegally parked/disabled vehicle which was not marked in any way as disabled. Is it 100% his fault?

My fiance was traveling down a busy 4 lane (2 each way) street. He rear-ended a disabled vehicle which was illegally parked on the street, fully blocking the right lane. The vehicle didn't display any hazard lights, flares, red flags, etc, despite having been in that location for 5 hours. Is... Read more »

Scott Scherr
Scott Scherr answered on Nov 23, 2021

The insurance companies will sort out who is at fault. Maryland is a contributory negligence state which means that if both parties are at fault, neither party can recover from the other.

Based upon your description of the facts, there is no question that your fiance was negligent. The...
Read more »

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