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Pennsylvania Insurance Bad Faith Questions & Answers
2 Answers | Asked in Car Accidents and Insurance Bad Faith for Pennsylvania on
Q: I'm thinking how hard it would be to do class action, particularly-...

For a class action law suit against a large insurance carrier, where it is not too difficult to surmise that what was improperly done to you, is done routinely with others as well, do you need to discover on your own, who some of those people are, and then contact them unexpectedly and try to have... View More

Tim Akpinar
Tim Akpinar
answered on Feb 16, 2024

Until you are able to check with attorneys who practice in Pennsylvania, you are correct. It can be difficult to put together a class action lawsuit. Not because of the legal theories - the same laws apply conceptually that apply to individual lawsuits. But there is the administrative burden of... View More

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Q: Second opinion doctor finds I'm not at MMI and need revision surgery after MRI is misread by radiologist and 1st doctor

Year and a half delay for revision do to adjuster ordered a 3rd opinion 3 months later what to do?

Timothy Belt
Timothy Belt
answered on Mar 23, 2024

If you have an attorney discuss this problem with them. If you do not have an attorney, you really should obtain one. There may be ways to move your treatment forward more quickly despite the adjuster.

1 Answer | Asked in Workers' Compensation, Insurance Bad Faith and Medical Malpractice for Pennsylvania on
Q: I was diagnosed with severe bilateral carpal tunnel by workmen's comp specialist went back to spine surgeon he felt my c

Cervical spine was why I had pain numbness in both hands ask about carpal tunnel he said he would address that after Anterior 567 fusion surgery? Never happened he then did a c3c4 mobi disc replacement.out at MMI? Still have sever numbness a pain and adjuster denying treatment for carpal tunnel?... View More

Glenn Neiman
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answered on Mar 22, 2024

As we so often say, you should consult with an attorney certified as a specialist in workers' compensation law (whether my firm or another of the fine attorneys on this board). If the doctor is saying the carpal tunnel syndrome is related to the work injury, there may need to be litigation to... View More

1 Answer | Asked in Personal Injury, Car Accidents, Health Care Law and Insurance Bad Faith for Pennsylvania on
Q: Can a heathcare provider file a lien against my MVA settlement even though Medicare and Medicaid paid my medical bills?

I was the victim in a motor vehicle accident while enrolled in Medicare and Pennsylvania Medicaid as my health insurance. I have zero co-pays, deductibles, and out of pocket fees. I know I have to repay both Medicare and Medicaid from my settlement. Under normal circumstances, “balance billing”... View More

Tim Akpinar
Tim Akpinar
answered on Feb 23, 2024

A Pennsylvania attorney could advise best, but your question remains open for three weeks. If you had an attorney on the case, they would be in the best position to answer this - from the case file records, they would probably know how this medical provider billed, their arrangement for payment,... View More

Q: can you do owner retain from a totaled loss in pa
Tim Akpinar
Tim Akpinar
answered on Jan 24, 2024

A Pennsylvania attorney could advise best, but your question remains open for three weeks. If a policyholder chooses to keep the vehicle, the carrier will usually work out a separate set of figures based on salvage value if vehicle is declared total loss. But this is a general process; each state... View More

1 Answer | Asked in Insurance Bad Faith, Personal Injury, Health Care Law and Landlord - Tenant for Pennsylvania on
Q: i have injured my left knee Bad just getting out of the tub shower, EVEN after my Drs orders MONTHS before. i have proof

and i am made to feel some BAD personal Discrimination going on in my case, with the office and now maintenance said he would report me for getting upset after the floor tile cement had still not dried after 5 days, [ have picts ] and said he would report me for trying to hit him with my cane,... View More

Tim Akpinar
Tim Akpinar
answered on Aug 24, 2023

A Pennsylvania attorney could advise best, but your question remains open for a week. I'm sorry for your ordeal. You mention having a pro bono attorney. These concerns may be better to bring up with your attorney than on a public forum where no one knows the details of your case. Good luck

1 Answer | Asked in Insurance Bad Faith for Pennsylvania on
Q: What should I do if I disagree with the outcome of the investigation of my insurance company saying that I was at fault

They said that I hit the car in the rear end on the side and I said that I stopped in the middle of the intersection she swerved around me and hit my car which knocked her into the embankment across from me

Tim Akpinar
Tim Akpinar
answered on Mar 21, 2023

A Pennsylvania attorney could advise best, but your question remains open for three weeks. One option is to try to arrange a free initial consult with an attorney. If there is no means of resolving the issue of liability through negotiation, the other option may involve going to court. Good luck

1 Answer | Asked in Insurance Bad Faith and Real Estate Law for Pennsylvania on
Q: Property was damaged by known third party. Property was sold. No mention of damage. Insurance claim turned in

Claim made to offending party's insurer. How much property damage is the insurer liable for? Thank you. Damage was done for years prior to sale and continues (storm water). Damage caused by offending party negligently not following the law

Tim Akpinar
Tim Akpinar
answered on Sep 5, 2022

A Pennsylvania attorney could advise best, but your question remains open for three weeks. I could only speak for the insurance elements of your question, since you posted under Insurance Bad Faith. It could depend on the insurer's policy limits and whether it is a loss covered by the policy... View More

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Insurance Bad Faith for Pennsylvania on
Q: What is a “plausible claim”

And what is subject matter jurisdiction ? Thank you I’m advance for answering this for me?

Tim Akpinar
Tim Akpinar
answered on Aug 2, 2022

A Pennsylvania attorney could probably advise best, but your question remains open for two weeks. In the most basic sense, a plausible claim is one that is valid. The claim holds legal merit. It could also refer to a claim's ability to withstand a motion to dismiss. Subject matter jurisdiction... View More

1 Answer | Asked in Contracts, Civil Rights and Insurance Bad Faith for Pennsylvania on
Q: Where is State Court In Pennsylvania?

I’m trying to learn about Jurisdiction and Venue . If you could help me that would be great. Thank you

Mark Scoblionko
Mark Scoblionko
answered on Jul 25, 2022

State courts in Pennsylvania are located in the county seat of a county.

“Jurisdiction” pertains to the power of a particular court to exercise control over a particular defendant. Ordinarily, the first question is whether a defendant resides in the same county where suit has been...
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1 Answer | Asked in Insurance Bad Faith for Pennsylvania on
Q: Insurance: Small Claims PA

I filed a complaint for diminished value after an auto accident. The at fault

driver/insurer is being represented by a large law firm. Do I need a lawyer?

The at-fault drivers insurer rejects the notion of diminished value.

Tim Akpinar
Tim Akpinar
answered on Jul 17, 2022

A Pennsylvania attorney could advise best, but your question remains open for three weeks. It's difficult to say, based on these brief facts. It would be helpful to know why the law firm is in the picture. Property damage claims are often disposed of without the involvement of attorneys. Law... View More

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...
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1 Answer | Asked in Consumer Law, Contracts and Insurance Bad Faith for Pennsylvania on
Q: I need an attorney to sue my pet insurance company for bad faith. There is also a possible claim under the consumer ...

I have a pet policy with lemonade insurance company. I filed a claim for emergency services after my dog needed treatment. The company is only covering part of the cost. They are supposed to cover 90% of the cost minus the annual deductible. They are only covering about 50% of the costs and acting... View More

Daniel Edward Mueller
Daniel Edward Mueller
answered on Apr 28, 2022

Given the facts you presented, you may have bad faith, breach of contract, and other claims. Damages for insurance bad faith can include actual damages, interest on the damages, punitive damages, attorney's fees, etc. Therefore, you should undoubtedly ask an attorney to review the policy,... View More

1 Answer | Asked in Insurance Bad Faith for Pennsylvania on
Q: I was hurt on my job 4 yrs ago. The insurance paid for cortisone shots for 2 yrs. The next 2 yrs there was no pain. The

The pain is back now but the insurance has closed my claim even tho the injury happened on the job. I left that job 2 yrs ago. Are they still responsible for my care caused by this work injury?

Peter N. Munsing
Peter N. Munsing
answered on Jul 30, 2021

Tell them you want to reopen the claim. I suggest you contact a member of the Pa. Association for Justice who handles workers comp in your area. They give free consults.

1 Answer | Asked in Personal Injury, Car Accidents, Insurance Bad Faith and Insurance Defense for Pennsylvania on
Q: Does my Uninsured/Underinsured Motororist coverage apply if a motorist hits me while I'm riding my bike? [Pennsylvania]

Hi,

I'm shopping around for Auto Insurance in PA; considering Progressive. I also like to ride bike. Hopefully, I'd never need it, but if a motorist injures me while I'm riding bike and they are at fault, would I be covered by Uninsured/Underinsured Motorist Coverage... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 1, 2021

Short answer yes. Uninsured underinsured covers you if the driver running into you has no insurance or too little. If you have more than one car in your household get "stacking" --the best deal in car nsurance. It multiplies the coverage you had for UM/UIM by the number of cars, and... View More

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Pennsylvania on
Q: Personal Invoice from an Auto Insurance Company with no accident report or claim to our Insurance

11/2020, son was involved in minor parking lot auto accident- backing out of a parking space in a corner lot when a man driving a company truck cut through the lot to avoid a traffic light causing a minor collision. No damage to either vehicle because my son was in reverse and barely moving. Guy... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 13, 2021

You (and your insurance company) are responsible for damages caused in the collision only if you (in this case your son) was at fault in the collision. Additionally, the person claiming damages has the burden of proof of more likely than not to show that the damages he asserts were caused by the... View More

2 Answers | Asked in Car Accidents and Insurance Bad Faith for Pennsylvania on
Q: Someone slammed into my car and totaled it. My insurance company is only covering the value of the car. Which leaves me

Owing 900$ and also i am out the 4,000$ I paid in cash. Car under a year old. Can i go after her insurance company for the 4,900$??

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

More details are needed and I wish you had spoken and/or hired an attorney about this already, however what's done is done and hopefully you have not lost any rights-----you need to speak to an injury/accident lawyer in your area and discuss your options----use the Find a Lawyer tab and search... View More

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1 Answer | Asked in Insurance Bad Faith, Wrongful Death, Criminal Law and Legal Malpractice for Pennsylvania on
Q: The cops parked in our bar parking lot, facing the door, and watched customers exit this business, get into their car.

The cops then pulled this person over for suspicion of DUI....is this some firm of entrapment?

Ryan L Hyde
Ryan L Hyde
answered on Jan 16, 2021

Entrapment is an officer inducing you to do something you wouldnt otherwise do. Which is not the caae here. However, simply leaving a bar parking lot is probably insufficient for a car stop.

With other factors present it can be considered by the officer in forming reasonable suspiscion...
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1 Answer | Asked in Insurance Bad Faith for Pennsylvania on
Q: Good evening I’m inquiring about a vehicle I have in my name. Recently found out the truck is on the road being driven

The tags are suspended and the vehicle or has no valid insurance. The person that has it will not allow me too take my vehicle back. How can I get my truck back without having too worry about an altercation?

Timothy Kraeer
Timothy Kraeer
answered on Nov 25, 2020

Frankly, if this person is driving your vehicle without permission, it's an unauthorized use and that's a crime. Beyond that, if this person were involved in an accident, you could could be liable for the damages and/or injuries this person caused in the accident. Additionally, if YOU are... View More

1 Answer | Asked in Insurance Bad Faith for Pennsylvania on
Q: Can I sue a healthcare insurance company for lying about coverage to get me to sign up
Kent Petry
Kent Petry
answered on Oct 22, 2020

Maybe! You can sue for a lot of things depending on your scenario...whether the claim has merit or a chance of success is another issue. You should speak to an attorney about your specific facts.

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