Lawyers, Answer Questions  & Get Points Log In
Insurance Defense Questions & Answers
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 »

View More Answers

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.

View More Answers

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Q: Would a rescinded auto insurance policy affect my premiums for new car insurance or be relevant information?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 »

View More Answers

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...
Read more »

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...
Read more »

3 Answers | Asked in Insurance Bad Faith, Insurance Defense and Probate for Florida on
Q: What do i need to proceed - Not a beneficiary but father has life insurance

My father passed away, i am not the beneficiary. He had a life insurance plan i believe, i have a death cert. but thats it.

Evelyn Suero
Evelyn Suero answered on Feb 2, 2021

My condolences for your loss. If the estate is the beneficiary of the life insurance policy, you will likely need probate administration. Consult with a probate attorney in the state where he resided for more information.

View More Answers

1 Answer | Asked in Insurance Bad Faith, Contracts, Criminal Law and Insurance Defense for Virginia on
Q: Is it legal to buy life insurance for more than 10 people that are acquaintances of yours? Assuming I have their consent

Relating to Maryland/Virginia

I have a lot of friends, and they are concerned with today's environment, and most are unable afford life insurance policies. If I were to buy life insurance for them and split profits with their selected beneficiaries, would it be difficult for me to... Read more »

Susan Fremit
Susan Fremit answered on Jan 29, 2021

An attorney who specializes in insurance law would have a better idea about what you are asking.

2 Answers | Asked in Estate Planning, Insurance Bad Faith and Insurance Defense for Ohio on
Q: Is a surviving spouse, if they did not sign a guarantee, required to pay hospital medical bills if the deceased spouse?

My cousin passed away from cancer. Over 1 year later, his wife received a Bill from a large cancer treatment center. She had great insurance. He was receiving experimental treatment. The bill was denied because it was above usual and customary. $71,000

Beverly A Stull
Beverly A Stull answered on Jan 23, 2021

According to recent Ohio case law, a creditor must deliver their claim to the estate's representative within 6 months of date of death. The cancer treatment center's claim should be denied.

View More Answers

1 Answer | Asked in Criminal Law, Real Estate Law and Insurance Defense on
Q: A stranger tried to unlock my door when I went outside to look, I saw he left a little package/ looked like a self promo

It’s a little package with pen and a little notebook with some Indian real estate agents info under each page, as I went up to the door I saw him looking at me for a few seconds then he went on to put packages to houses next to mine

Anthony M. Avery
Anthony M. Avery answered on Jan 22, 2021

What is your question? Sounds like an attempted burglary, which you might have reported to law enforcement.

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Texas on
Q: Can a insurance claiming company claim more than a cars worth?

Can a insurance claiming company claim more than a cars worth?

Back in january of 2020 I got into a wreck with no insurance, the lady's insurance company came after me for a dent in her door and a dent in the door frame. Her car was a 1998 toyota. The insurance company is trying to... Read more »

Teri A. Walter
Teri A. Walter answered on Jan 20, 2021

Her insurance company can't "charge" you at all, but they can sue you for the damages they had to pay, whatever that is. Typically, if the cost to repair the damages are more than the car is worth, they pay the value of the car. I suggest you get a release in exchange for your... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.