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Questions Answered by Neil Anapol
2 Answers | Asked in Insurance Bad Faith and Car Accidents for California on
Q: Can I sue my insurance company? Can I only sue for the limit of my coverage?

I live in Ventura county, CA and got in an accident that was my fault but my insurance company isn’t paying anything out - not for my loss or the people I hit; they aren’t even returning my phone calls. What can I do? Can I sue for anything over the limit, I.e., for frustration or anything like... Read more »

Neil Anapol
Neil Anapol
answered on Apr 3, 2023

There are basically two possibilities. One is that there is a legitimate coverage issue that your insurance company is investigating. Usually, when that happens, the insurance company will let you know in writing that there may not be coverage, and therefore it will not pay your claim immediately... Read more »

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2 Answers | Asked in Business Law and Insurance Bad Faith for California on
Q: I am the owner of a transportation logistics business. One of my tractor/trailers was damaged and I am seeking payment

from the commercial insurance servicing my fleet. However, they agreed to pay the claim but I have sense been getting the run around. I have left voice messages and sent emails I am unable to get a live person on the phone or anyone to respond. Any suggestions????

Neil Anapol
Neil Anapol
answered on Feb 23, 2023

It depends on how much time has passed since you first reported the claim, and whether you have complied with all of the conditions of the policy. Assuming you have done everything right, and more than 40 days have passed, your insurance company is engaging in bad faith. If the value of the claim... Read more »

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2 Answers | Asked in Insurance Bad Faith for California on
Q: We were denied our insurance claim when our trailer was stolen. They said we couldn't prove it was stolen

Also they said we didn't file a report on time 24 hours of incident. We filed when we found out. ..

Neil Anapol
Neil Anapol
answered on Dec 23, 2022

Your testimony that your trailer was stolen is evidence that it was, so your insurance company is incorrect. You do have an obligation to file a police report within 24 hours after you discovered the theft, but obviously you cannot report what you don't know about.

It sounds like your...
Read more »

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2 Answers | Asked in Employment Law for California on
Q: Can a California Dr refuse to fill out paperwork required from EDD to process a disability claim w/o a fee?
Neil Anapol
Neil Anapol
answered on Dec 21, 2022

Some doctors do not want to get involved with disability claims, personal injury claims, or litigation and that is there choice. There is nothing you can do about it. Your only alternative is to go to a different doctor.

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2 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for California on
Q: My car insurance company asked me to get an attorney because I have a claim against me in a fatal car accident.

My insurance company had already found me 100% liable without the chp report being released

What type of lawyer handles this type of case?

Neil Anapol
Neil Anapol
answered on Nov 15, 2022

Its not clear what you are asking. Your insurance company has a duty to defend (retain a lawyer on your behalf) and indemnify you (pay any settlement or judgment up to the policy limit). If your insurance company is disputing coverage, you need an attorney who specializes in handling insurance... Read more »

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1 Answer | Asked in Insurance Bad Faith for California on
Q: Can an insurance company claim “betterment” on a comprehensive policy for a stolen catalytic converter in Ca?

Part was stolen over 2 months ago, still don’t have use of my vehicle. Can’t afford replacement out of pocket.

Spoke to supervisor at my insurance company, says I will need to pay for the new part because catalytic converters are parts subject to routine replacement; like batteries and... Read more »

Neil Anapol
Neil Anapol
answered on Oct 20, 2022

I agree with you. Its not betterment. A catalytic converter does not depreciate because the useful life is essentially as long as the useful life of the car. Do you have anything in writing from the insurance company taking this position?

One approach would be sue the insurance company...
Read more »

1 Answer | Asked in Insurance Bad Faith and Gov & Administrative Law for California on
Q: How are fences destroyed by wildfire covered under CA law regarding fences?

We lost our home in the Tubbs Fire on 10/09/17 in Santa Rosa, CA. Still dealing with Nationwide. They are saying the fence is under coverage "B", Other Structures. I am arguing the fence should fall under coverage "A", Dwelling because it was attached to the house on both sides.... Read more »

Neil Anapol
Neil Anapol
answered on Oct 10, 2022

Fences are always considered to be other structures. I don't know of any California cases that hold differently, and I suspect that the Texas case you cited has some unusual nuance to it that led to that result. Given that this fire occurred over five years ago, its hard to see how you could... Read more »

1 Answer | Asked in Insurance Bad Faith for California on
Q: We bought our home (10mons), recently found a bad leak underneath bathtub, home insurance will not cover.

Can I contact Seller to repair/or cover the cost? We just detected this issue because this is a guest room and we hardly use it. until now and found it leaks underneath the bathtub per Fidelity home warranty inspection/assessment. They told us the home warranty will not cover this. Appreciate an... Read more »

Neil Anapol
Neil Anapol
answered on Aug 29, 2022

I cannot tell you whether your home warranty should have covered the problem without looking at the contract. However, you definitely have a potential case against the seller. The issue with the seller would be proving that he or she had knowledge of the leak. If there are is evidence of... Read more »

1 Answer | Asked in Insurance Bad Faith for California on
Q: Been 30 days since Auto Insurance approved a claim but not paid out, what happens now? California

May 27th, 22 My car was hit by a drunk driver while parked. I reached out to their insurance for a settlement. It has been over 30 days since they approved the claim. However, they still haven't paid out. I have provided them with Photos, police report, and police documentation # to request... Read more »

Neil Anapol
Neil Anapol
answered on Jul 7, 2022

These time limits you speak of (California Code of Regulations section 2695.7 do not apply to third party claims. The at-fault party's insurance company can simply refuse to pay. If that happens, your only recourse would be to sue the at-fault party. This is why it is almost always a... Read more »

1 Answer | Asked in Insurance Bad Faith and Contracts for California on
Q: West coast insurance company is refusing to pay claim. It is a covered repair . What can I do? Need car back

I took my car to pep boys because it’s belt was screaming. Had evaluation for 19.99 which I paid. Got estimates for $731. This is a covered repair and we had paid for extended warranty 3000. So call west coast, aka protective to get authorization. They told me I should take the car back to seller... Read more »

Neil Anapol
Neil Anapol
answered on Jun 17, 2022

Unfortunately, automobile warranties are not considered insurance and there is no way to sue the warranty company for bad faith. At most, you have a breach of contract claim worth $731. Give the warranty company a reasonable chance to authorize the repair. If they do not, your best bet would be... Read more »

2 Answers | Asked in Insurance Bad Faith, Car Accidents and Personal Injury for California on
Q: Hi I have 2 claims w/Geico hit&run & 4dys l8r vandalism which one went to jail. It’s been since 6/22 for the 1st claim..

I have been under investigation with Geico because they wanted me to prove that the hit and run occurred even though I have pictures of my car and a police report. A few days later someone mistakenly vandalized my car bashed in all the windows and slit all the tires and the police arrested the man... Read more »

Neil Anapol
Neil Anapol
answered on Mar 28, 2023

If you have uninsured motorist coverage, you may be able to recover medical expenses and pain and sufffering. Otherwise, you are out of luck unless the police catch the hit and run motorist, and he either has insurance or assets or both.

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1 Answer | Asked in Family Law and Insurance Bad Faith for California on
Q: I believe my father forged my signature to obtain a insurance policy pay out as well as power of attorney over me

What kind of lawyer would I need for this case

Neil Anapol
Neil Anapol
answered on May 31, 2022

You need an insurance coverage lawyer. You did not supply enough detail to get into the specifics of your case, but it sounds like you might have recourse against the insurance company if it paid out based on a forged document and you did not get the money.

1 Answer | Asked in Insurance Bad Faith for California on
Q: Where can I find a lawyer for my auto insurance claim?

I am looking for a lawyer to help me resolve my auto insurance claim. I got my car stolen last august and retrieved it the same month. My insurance refused to total the car out because they claimed it was fixable. It’s been 9 months and my car is still not repaired. I want to know if there is... Read more »

Neil Anapol
Neil Anapol
answered on May 27, 2022

Whether or not you have a bad faith case against your insurance company comes down to a lot of details you did not provide. If you do have a case, you should be able to recover the entire rental car costs (not just the 90 days) plus other damages including financial damage, emotional distress,... Read more »

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Based on previous question, is it okay that I have served insurance co. for small claims court first vs. mitagation co.?

Letters were sent to both Insurance co. and mitagation co. about appliances (outside) being ruined and asked for replacement payment. Both denied responsibility. The mitagation co. wrote back stating that they are not responsible and turned it back to insurance co. The reason why I decided to take... Read more »

Neil Anapol
Neil Anapol
answered on Apr 22, 2022

I would have sued both of them in the same case, and if they wanted to blame each other -- let them. They are both responsible for what happened. As far as you're concerned, it does not matter how you allocate the loss.

1 Answer | Asked in Insurance Bad Faith for California on
Q: Who's at fault for not properly secure/protect appliances that were taken out kitchen after water burst?

Insurance company or water mitigation company who I hired? Water mitigation company wrapped up appliances and set them outside in backyard. However, insurance company never told me that I could have asked the mitagation company to put them into a storage locker while the repairs were done.... Read more »

Neil Anapol
Neil Anapol
answered on Apr 14, 2022

Both the mitigation company and the insurance company are responsible. The mitigation company because they should have known not to leave appliances wrapped in plastic in your backyard. Thus, they negligently caused the property damage. The insurance company has a duty under the insurance... Read more »

1 Answer | Asked in Consumer Law, Federal Crimes, Insurance Bad Faith and Small Claims for California on
Q: My car was stolen and my insurance company has done nothing to settle my claim since 4/16/21

My business has gone down hill because I DO NOT HAVE TRANSPORTATION. I paid for the highest package and never received one ounce of what their contract stated. This is fraud and I need an attorney asap. I am in San Diego but my insurance agent is in Beverly Hills.

Neil Anapol
Neil Anapol
answered on Feb 2, 2022

I suspect there is more to the story, but basically you have probably have an insurance bad faith claim against the insurance company, not the agent. I would contact the adjuster and/or the adjuster's supervisor and find out why they have not settled your claim. Sometimes, the resolution of... Read more »

2 Answers | Asked in Insurance Bad Faith for California on
Q: Would like to have a Bad Faith and Fair Dealings lawyer contact me

My Insurance Company breach our policy by refusing to thoroughly investigate Claims

Neil Anapol
Neil Anapol
answered on Jan 21, 2022

What is your question? If you are asking if you have a case, I would need the entire story. Failure to investigate, by itself does not make for a bad faith case. There has to be damages caused by the insurance company's unreasonable claims handling.

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Q: How close is the initial settlement offer to the final from an insurance company? Like night or day?
Neil Anapol
Neil Anapol
answered on Jan 11, 2022

There are way too many variables to be able to answer that question. However, if you are talking about an insurance claim, the insurance company has a duty to conduct a reasonable investigation and pay the undisputed amount. Therefore, settlement offers should be reasonably close to what the... Read more »

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1 Answer | Asked in Criminal Law and Insurance Bad Faith for California on
Q: Is it too late to report renters insurance fraud that occured more than 3 years ago?

Can someone be convicted of rental insurance claim fraud (investigated and convicted) if the crime occured more than three years back? (Less than 10 years ago)

Neil Anapol
Neil Anapol
answered on Dec 20, 2021

The statute of limitation is actually four years. However, unless you have solid evidence, its unlikely that the authorities are going to take an interest in the case or investigate it.

2 Answers | Asked in Insurance Bad Faith, Car Accidents and Small Claims for California on
Q: Can I sue the at fault policy holders insurance company for bad faith IN small claims court? I believe I have cause.

Policy holder = Door Dash (door dasher was in route with food)

The question of who was at fault is not an issue. due to limited character space available, the following is not exhaustive.

(I believe) I have documented no less than 3 instances of bad faith practices, and potentially... Read more »

Neil Anapol
Neil Anapol
answered on Dec 17, 2021

There is no such thing as third party bad faith in California. The concept of bad faith only applies in first party situations in which your own insurance company unreasonably delayed, denied, or underpaid your claim. You would lose your small claims actions, and you would be forced to pay the... Read more »

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