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Insurance Defense Questions & Answers
2 Answers | Asked in Insurance Defense and Traffic Tickets for New York on
Q: Hey I have gotten a no insurance and no registration ticket but the car wasn’t mines what can I tell the judge ?
Howard E. Knispel
Howard E. Knispel answered on Apr 22, 2021

While it sounds unfair, the law requires drivers to know that the vehicle they are driving is properly registered and insured. You can argue that it was not your vehicle, but you may be held responsible for driving an unregistered and uninsured vehicle.

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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Ohio on
Q: I had been beneficiary on daughter life insurance she passed in June & her mama got all of it somehow, what do I do

We had purchased it together when my daughter was younger, 2 yrs ago her mama said she dropped it. I am having to pay all of my daughter's debts while her grandmother gets the life insurancepolicy

Matthew Williams
Matthew Williams answered on Apr 19, 2021

It's a little unclear what happened here, but it sounds to me like grandma bought a policy with you as beneficiary, later canceled that policy, and bought a new one with her as beneficiary. If that's the case, its her money. Were you paying any premiums? Do you have the policy documents?

1 Answer | Asked in Real Estate Law, Contracts, Products Liability and Insurance Defense for Georgia on
Q: I had all my water lines replaced about 10 months ago. I had a leak that ruined my floor. Am I liable or is the company

They replaced my pipes about 10 months ago and said they couldn't get to one area, so they just tied into the existing pipe. I discovered a leak about a week ago and they came to fix the problem yesterday. The fitting from where they connected to the old pipe burst and caused water damage and... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Apr 19, 2021

No way to know online and without an inspection. However, it would seem that the problem was the pressure brought in by the new line was too much for the old line to handle. Professionals should know this. Yet, it appears that you knew about it and gave your consent to proceed.

Bottom...
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1 Answer | Asked in Insurance Defense for Mississippi on
Q: Can I still take my insurance to court and it count, even though I got it two days before my court date?
Arthur Calderon
Arthur Calderon answered on Apr 18, 2021

It really depends on the judge. Some judges will toss out a charge if you've acquired insurance since the ticket, while others will oftentimes make their decision based solely on whether you had insurance at the time that you got the ticket.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Maryland on
Q: i rear ended someone in MD and i was uninsured back in oct/2020 and the insurance company is trying to subrogate

the insurance company is trying to subrogate against me for almost 20k and are not willing to work out payment plans under $900+ per month, which i’m unable to afford. Also, the other driver was my neighbor at the time and he only had his bumper and tailgate replaced as a result of the accident,... Read more »

Mark Oakley
Mark Oakley answered on Apr 6, 2021

Bankruptcy. Talk to a bankruptcy attorney. You may qualify for a full discharge under Chapter 7 or a 3-5 year payment plan for a portion of the debt with small payments under a Chapter 13, and then discharge the balance. If the insurance company hasn't obtained a court judgment against you... Read more »

2 Answers | Asked in Traffic Tickets, Car Accidents and Insurance Defense for Illinois on
Q: I'm uninsured and someone lets me drive their car also is uninsured, i got into totaled the car, i do i have to pay?

got into an accident and totaled the car*, is it required to pay them?

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 5, 2021

If you are at fault in the accident and do not have insurance, then the victim or other party's insurance company very well may make demand on you and/or sue you for the damages. Also, it may impact your driving privileges. Depending on your financial situation, you may want to consult a... Read more »

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1 Answer | Asked in Insurance Defense for Florida on
Q: Can I get compensation from boatyard for negligence?

Our boat was in a boatyard and a hurricane blew through. The boat was knocked over, but the boatyard forgot to mention it. Also while they were silent, the boat was stripped beyond repair. They are now offering to take the boat, but feel that not mentioning that it had been knocked over and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 26, 2021

You should review your contract with the boatyard; see if it says anything about their duties regarding reporting to you about what happened to the boat. It seems that, as a "bailee" they probably had a duty to at least watch the boat and protect it from being looted, but again look at... Read more »

3 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for California on
Q: Car insurance said that they will not be responsible to cover my at fault collision. Are they able to refuse?

They called me 4 days after I reported that I was in a collision and informing them that I was at fault. They said that they will cancel my policy and will not cover the accident because I did not report my 15 yr old brother as a household member and he was in the vehicle at the time of the... Read more »

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

YOU NEED TO MAKE AN APPT WITH A LOCAL PI LAWYER TO DISCUSS THE MERITS OF A BAD FAITH ACTION AGAINST THEM. HAVE YOUR POLICY READY FOR THE LAWYER TO READ.

INS CO'S WILL LOOK FOR ANY REASON TO NOT PAY AND CLAIM YOU LIED OR DID NOT DISCLOSE ALL NECESSARY INFO REQUESTED.

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1 Answer | Asked in Insurance Defense for Michigan on
Q: Would a rescinded auto insurance policy affect my premiums for new car insurance or be relevant information?
Brent T. Geers
Brent T. Geers answered on Mar 12, 2021

I think an insurance company may find the reason for the rescission to be relevant, and could affect your premiums or eligibility for coverage.

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Products Liability for Arizona on
Q: What are my rights as a renter of a vehicle when i notice the companies self insurance is expired?
Peter N. Munsing
Peter N. Munsing answered on Mar 6, 2021

you can turn in the rental--and may want to. If you have your own coverage, ask about it from your insurer. However, the big issue is property damage and if you paid for that you want to know you are covered.

1 Answer | Asked in Insurance Defense for Maryland on
Q: Hello I was recently arrested on a bench warrant for a failure to appear for a court case. My fiancee and myself

were codefendents. The officers claim they happen to see my wife at a convenience store and issued a car stop and arrested her for the warrant. The store is the opposite way of the precinct and they proceeded to drive to my house to serve the bench warrant for me. They took my fiancee back to our... Read more »

Scott Scherr
Scott Scherr answered on Mar 5, 2021

You should retain an attorney to represent you in connection the charges. If you cannot afford private counsel, contact the Public Defender. Your attorney can discuss any possible defenses to the underlying charges.

1 Answer | Asked in Traffic Tickets, Car Accidents, Collections and Insurance Defense for Louisiana on
Q: Can I get a restitution letter WHILE I'm paying for the damages to a collections agency setup by the insurance agency

I was uninsured during the accident and was at fault. I cant pay the amount in full but it was sent to a collections. I want a letter saying it's been handled & I'm paying for it overtime....I need it to present to the judge.

Peter N. Munsing
Peter N. Munsing answered on Feb 25, 2021

They should give you one. Hopefully, you are paying by check so the check is your receipt.

1 Answer | Asked in Traffic Tickets, Car Accidents, Collections and Insurance Defense for Louisiana on
Q: Can I get a restitution letter WHILE I'm paying for the damages to a collections agency setup by the insurance agency

I was uninsured during the accident and was at fault. I can pay the amount in full but it was sent to a collections. I want a letter saying it's been handled & I'm paying for it overtime

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 25, 2021

Pay it by check in full. Note on the check that it is payment in full and send it with a cover letter that you need a Release. Then get insurance.

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Legal Malpractice on
Q: Can an auto insurance company legally change a policy deductible after payment was to be taken but they have yet to.

Policy is active as of feb 14th 2021 for a motorcycle policy. Temp permit for 30days has been issued. Policy is for 1 year. They have yet to take the full payment on their own behalf. They state they can't offer a 500 deductible anymore due to underwriting, due to the value of the bike. They... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 24, 2021

As a possible case of mutual mistake you have a right to cancel and go with other insurance. Right now if you need to ride your bike, you need insurnace, so I'd suggest you stay with them, shop around. Other companies could have the same deal or higher rates. But unless you have paid and it... Read more »

2 Answers | Asked in Personal Injury and Insurance Defense for New York on
Q: Need advisement on legal documentation

settlement agreement questions

Peter N. Munsing
Peter N. Munsing answered on Feb 24, 2021

the other thing you have to watch for are "subrogation claims." Lets say it's a slip and fall. You settle. But your health insurance has a claim for the money they paid for your medical treatment. They can come after you! Likewise Medicare or any state assistance. So at least get the... Read more »

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1 Answer | Asked in Traffic Tickets and Insurance Defense for Georgia on
Q: If I hit someone from the back y it my fault

When the person slam on brakes

Tim Akpinar
Tim Akpinar answered on Feb 17, 2021

A Georgia attorney could advise best, but your post remains open for four weeks. As a general matter, the person hitting the other vehicle in the rear is at fault. There could be mitigating circumstances, like you describe, but how they are proven and how the particular jurisdiction (in terms of... Read more »

1 Answer | Asked in Insurance Defense for Pennsylvania on
Q: Hello,I'd like to know how is it that insurance companys assume there's a laps of ins. Which snowballs in to suspension

To where I'm paying fine and now they want me to turn my liencese in what can I do none of this was the case I never had a lapse of ins.

Timothy Kraeer
Timothy Kraeer answered on Feb 11, 2021

There are couple different reasons this could happen. One is if you receive a citation for driving without insurance or with suspended registration. A conviction in either case could lead to a license suspension.

Or, insurance companies are required to notify PennDOT of a lapse in your...
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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Is a nursing home allowed to make changes to a residents insurance to meet the needs of the facility without consent?

A nursing home has made changes to my mom's insurance. My mom had Medicaid through the state of CA which was Health plan of San Joaquin. As of April 2020 , HPSJ was dropped and now she only has Straight Medicaid. I only found out after receiving bills from her Doctors telling me She owed for... Read more »

William John Light
William John Light answered on Feb 8, 2021

Any answer to this question would require a lot more information: medical records of your mom's condition in April 2020, documents showing the Home's authority to act on your mom's behalf, documents from HPSJ showing how the change in service was accomplished, research showing... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation, Insurance Bad Faith and Insurance Defense for Arizona on
Q: I need help finding a lawyer to help me file a insurance claim for a apartment fire.
Tim Akpinar
Tim Akpinar answered on Feb 5, 2021

An Arizona attorney could advise best, but your post remains open for two weeks. I'm sorry that happened to you. You could use the resources of this site (the Find-a-Lawyer tab above), you could run independent searches on your own, or you could look into whether the State Bar of Arizona has... Read more »

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Civil Litigation for Florida on
Q: Can a person sue you if you have a fender bender, no damage, in a company vehicle with company insurance?

On my way to work 2+ years ago, I bumped into an SUV in front of me doing less than 5 mph. I am pretty sure there was no damage to either vehicle. I was in my company pickup with the logo on the side. The person tried suing the company when it happened. I no longer work for that company now, but... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 3, 2021

It may depend on which court the original action was filed in. Rules for small claims, Florida state civil court cases which are not small claims cases, and federal district court cases are different. See for example

Florida Rules of Civil Procedure, RULE 1.170 and

Federal Rules...
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