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Questions Answered by Tim Akpinar
1 Answer | Asked in Civil Litigation, Civil Rights, Federal Crimes and Gov & Administrative Law for New York on
Q: Is it not true that only a Judge can dismiss a claim on failure to file a claim upon which relief can be granted?
Tim Akpinar
Tim Akpinar
answered on Oct 2, 2022

Your question straddles a number of categories. I can only speak for the civil part; a criminal defense attorney could address criminal aspects. In my experience, it is the judge who makes decisions on dismissals. Your question includes the word "only." I can only say that I haven't... Read more »

1 Answer | Asked in Insurance Bad Faith for Arkansas on
Q: if a vehicle forces you off the road and damage your vehicle can an uninsured motorist claim be file?
Tim Akpinar
Tim Akpinar
answered on Oct 2, 2022

An Arkansas attorney could advise best, but your question remains open for a week. It could depend on Arkansas UM doctrine and your policy. Nationwide, states differ as to whether actual physical contact is necessary for a UM claim. Check with a local attorney as to state-specific requisites. Good... Read more »

1 Answer | Asked in Car Accidents for New Mexico on
Q: Can I sue someone for hitting my car and saying they would pay because they didn’t have insurance but still hasn’t paid?

I got a police report and it states that he told them he would take care of it and I have texted messages from him saying he will bring the money but keeps giving me an excuse the day he is supposed to bring it to me. He also had no insurance at the time of the accident and has recently bought a... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 2, 2022

A New Mexico attorney could advise best, but your question remains open for two weeks. It's possible you might have options through your own insurance under UM (uninsured motorist) coverage. One would need to see the policy to say for certain. You could review your policy provisions with your... Read more »

1 Answer | Asked in Insurance Bad Faith for Vermont on
Q: How long should a Premises Liability claim response take. Claimant suffered TBI from slip and fall

Business sign/ fixed awning not cleared of ice and snow caused sidewalk hazard combined with irregular cement placement of sidewalk.

Tim Akpinar
Tim Akpinar
answered on Oct 1, 2022

A Vermont attorney could advise best, but your question remains open for two weeks. If you mean a response in terms of a basic acknowledgement, that could take several days or a couple of weeks. The carrier could request additional information to verify the claim. If you mean a response in the... Read more »

1 Answer | Asked in Contracts, Personal Injury, Real Estate Law and Environmental for Missouri on
Q: Franklin County, MO, municipality is negligent in maintaining alternative sewer system, creating health hazard.

The municipality signed an agreement with the original property owners in 2004. That they were installing a step septic tank system on their properties, that the village owned, was part of the village sanitary sewer system, would maintain, repair, and service. The system on our property was... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 1, 2022

A Missouri attorney could advise best, but your post remains open for three weeks. This is a complex matter. Evaluation of the septic system could involve the expertise of civil engineers and wastewater experts. Assessment of contamination could involve sampling and lab analysis conducted by... Read more »

1 Answer | Asked in Family Law for New York on
Q: Grandparents pass uncle is executor $ goe to my uncle aunt my brother&I Unclaimed prop. is out uncle w not claim can I?
Tim Akpinar
Tim Akpinar
answered on Oct 1, 2022

Your question may have gone unnoticed in the Family Law category. The nature of what you describe is closer to Probate and Estate Planning than Family Law. Although there's no guarantee that all questions are picked up, you might have better chances of a response under the Probate and Estate... Read more »

1 Answer | Asked in Car Accidents for Kentucky on
Q: We was in a wreck about 6 months, we wasnt at fault, We didnt have insurance is there anything I can do
Tim Akpinar
Tim Akpinar
answered on Sep 30, 2022

A Kentucky attorney could advise best, but your question remains open for three weeks. Were you injured? I hope you were not, but if you were, you might still have certain rights in terms of economic damages. Nationwide, if a driver or passenger is injured in a vehicle without insurance coverage,... Read more »

1 Answer | Asked in Legal Malpractice, Criminal Law, Personal Injury and Civil Rights for New York on
Q: Why is it so difficult to get a lawyer/attorney to respond to us or to get legal advice? We are paying customers.

The situation involves illegal sedation of a disabled person in a group home with evidence, and neglect/abuse with evidence. The group home agency has failed to correct the situation or address the situation appropriately on so many levels it's mind-blowing. We also want to sue for... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 30, 2022

I'm sorry for your family's ordeal. Although this site doesn't operate like a lawyer referral service, the closest feature here is the Find-a-Lawyer tab above. You could use it to supplement searches you've already conducted. There's also a Lawyer Referral resource with the... Read more »

1 Answer | Asked in Employment Law, Insurance Bad Faith and Insurance Defense for North Carolina on
Q: Can an employee insurance refuse to pay the beneficiary who is her granddaughter because the employee was not married?
Tim Akpinar
Tim Akpinar
answered on Sep 30, 2022

A North Carolina attorney could advise best, but your question remains open for four weeks. An attorney is likely going to want to see more details about the policy. If you could arrange a brief initial consult, an attorney might be able to outline the best options here, such as litigation or... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Texas on
Q: Can a accident cause a enlarged heart
Tim Akpinar
Tim Akpinar
answered on Sep 29, 2022

Your question remains open for a week, but it is something that a doctor would be qualified to advise on, not an attorney. There are accidents involving impact with the steering wheel, and one doesn't need to be a doctor to appreciate the consequences of trauma to the upper chest and what lies... Read more »

1 Answer | Asked in Constitutional Law and Gov & Administrative Law on
Q: Why is delegated legislation against the doctrine of separation of power
Tim Akpinar
Tim Akpinar
answered on Sep 29, 2022

Because it could fall outside the traditional channels of checks and balances inherent in a system where different branches of government have the power to review bills and laws. Good luck

1 Answer | Asked in Insurance Defense for South Carolina on
Q: Are you allowed to use an inactive homeowners insurance, I was told that you can up to 3 years.
Tim Akpinar
Tim Akpinar
answered on Sep 29, 2022

A South Carolina attorney could advise best, but your question remains open for three weeks. It's difficult to say what the terms of your specific policy are. But as a general rule, it is advisable to maintain active insurance for the home for the term you seek protection. It would be best to... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation, Landlord - Tenant and Real Estate Law for Louisiana on
Q: Hellos is it legal for our rent to own landlord to have us sign that we waive our rights if there was mold here

Black Mold found after signing lease

Tim Akpinar
Tim Akpinar
answered on Sep 28, 2022

A Louisiana attorney could advise best, but your question remains open for a week. Until you speak with a local attorney, many courts nationwide do not look kindly on the idea of waiving liability for injury in general. It could depend on how a waiver was written. Good luck

1 Answer | Asked in Consumer Law for New York on
Q: If I sign a fee agreement and don't pay what happens?
Tim Akpinar
Tim Akpinar
answered on Sep 28, 2022

It could depend on the terms of the fee agreement. Some fee agreements are drafted such that if no actual services are performed (in other words, no work done), there is no obligation to pay. Some agreements are drafted such that a fee is owed based on an outcome, whether the outcome is a... Read more »

1 Answer | Asked in Insurance Bad Faith for California on
Q: Can you please explain to me what I can do when my auto insurance policy rescinded on me for material misrepresentation?

My car was stolen and recovered back in June 2022 and my insurance companies underwriting team did their investigation and sent me a letter stating they rescinded on my policy for material misrepresentation for not disclosing all licensed drivers in my household on the policy application. I tried... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 27, 2022

A California attorney could advise best, but your question remains open for two weeks. These can be difficult cases. In insurance law, there is a universal doctrine of good faith in representations made by the policyholder to the carrier. Depending on the amount of the claim, it could be worth... Read more »

1 Answer | Asked in Insurance Bad Faith for Washington on
Q: Would it be reasonable to sue my insurance company?

My insurance company cut their contract with my healthcare provider in January 2021 without my knowledge. Now, they won't cover 80% of my bills for dialysis despite being my main insurance. When we signed up, we agreed to pay 20% while my insurance pays the rest. I've been attempting to... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 27, 2022

A Washington attorney could advise best, but your question remains open for two weeks. It could depend on the coverage of the policy and the terms of the denial. Denials sometimes outline available recourses, such as appeals, arbitration, or the civil litigation that you ask about. If you arranged... Read more »

1 Answer | Asked in Personal Injury and Products Liability for Maryland on
Q: Hello I purchased a pair of pierced earrings wore them and it split my ear apart . What can I do about it

My ear lòoks terrible each time that I look at or feel my ear it's like I shock all over again. The earring is a drop bead on my guess is silver wire with a bead at the end

Tim Akpinar
Tim Akpinar
answered on Sep 26, 2022

A Maryland attorney could advise best, but your question remains open for two weeks. I'm sorry this happened to you. You could reach out to law firms to try to arrange a free initial consult to discuss the matter in more detail. The situation you describe appears to involve a legal theory of... Read more »

1 Answer | Asked in Gov & Administrative Law for Texas on
Q: What are some free GRANTS for individual senior citizens?

I'm a 59 year old that lost his job this year and my unemployment has run out, and I don't have any savings to live off of. I'm looking at being homeless unless I can find work or money.

I also have disbilities, so I have to work from home, so it's even more difficult... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 26, 2022

A Texas attorney could advise best, but your question remains open for four weeks. I'm sorry for your difficult position. There are online resources for finding grants, but it might be quicker to try to find assistance through public agencies. Grants sometimes carry conditions related to... Read more »

1 Answer | Asked in Personal Injury for West Virginia on
Q: I need someone to help me with pursuing a mental anguish case that I can prove was 100% malice intent and also mental an
Tim Akpinar
Tim Akpinar
answered on Sep 25, 2022

A West Virginia attorney could advise best but your question remains open for four weeks. If you're seeking an attorney, it's going to be difficult for law firms here to reach out to you. This forum is more Q & A format than an attorney referral service. There's a tab above you... Read more »

1 Answer | Asked in Personal Injury, Appeals / Appellate Law, Civil Rights and Education Law for South Dakota on
Q: Do educational due process complaints that go to federal court become news?
Tim Akpinar
Tim Akpinar
answered on Sep 25, 2022

A South Dakota attorney could advise best, but your question remains open for two weeks. It all depends on how important the matter is. They could become news in terms of the case being available online through PACER or other indexing system. Federal agencies also maintain press releases on their... Read more »

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