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Alabama Insurance Defense Questions & Answers
1 Answer | Asked in Insurance Defense for Alabama on
Q: Who is liable for paying damages?

The contract security company my company uses accidentally lowed a manually operated (push button) access control gate arm down on top of an employees car and caused about 1k in damages. Who is liable? The security company since they accidentally pushed the button and lowered the arm or my company... View More

Tim Akpinar
Tim Akpinar
answered on Oct 10, 2024

An Alabama attorney could advise best, but your question remains open for three weeks. If it's simply a matter of pushing the button by mistake, it's self-evident. If there are other issues raised - training was not provided, equipment was not maintained, equipment malfunctioned, layout... View More

3 Answers | Asked in Insurance Bad Faith and Insurance Defense for Alabama on
Q: Does an insurance company have to tell you when you are being sued, can they settle without your consent?

Does insurance company have to tell you when you are being sued? Can they settle without telling you? Can they put claims on your policy that are not true?

John Michael Frick
John Michael Frick
answered on Oct 12, 2023

1. A party suing you, including your own insurance company, is required to serve you with process notifying you of a lawsuit.

2. If a claim is covered by your insurance policy and you tender it to your insurance company for a defense, in many instances, the policy expressly provides...
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0 Answers | Asked in Divorce, Insurance Bad Faith, Insurance Defense and Family Law for Alabama on
Q: Husband divorced ex wife 2013. Passed 2020. Life insurance was paid to former spouse. Does this fall under 30-4-17, Ala

Policy taken out before divorce from former spouse. Former spouse received insurance payout although deceased remarried to me. Divorced 2012, deceased and I began relationship 2013, he passed 2020. He and I share 3 young children ages 7 and under. Previous marriage occurred one child who is in 20s.... View More

1 Answer | Asked in Insurance Defense for Alabama on
Q: I'm being sued by an insurance company. I'm on disability. What are my options
Tim Akpinar
Tim Akpinar
answered on Jan 8, 2022

An Alabama attorney could advise best, but your question remains open for three weeks. You probably need to respond with a set period of time, which is probably included in the papers. You could reach out to a local collections defense attorney to review the summons and complaint and discuss your... View More

1 Answer | Asked in Insurance Defense for Alabama on
Q: Can I keep my vehicle after it is deemed a total loss and payed out by the insurance company?
Nelson Craig Johnson
Nelson Craig Johnson
answered on Aug 24, 2021

That will be determined as part of your settlement. If you have not accepted a property settlement offer you can negotiate to keep the vehicle. They will likely reduce their offer by what they assess the salvage value of the vehicle to be.

1 Answer | Asked in Criminal Law, Insurance Bad Faith and Insurance Defense for Alabama on
Q: Auto Insurance Fraud?

I rear ended a gentleman on 07/31 and pictures were taken with no police report. The gentleman stated he would be in touch with me and I never heard from him until 08/10. On 08/10, he sent me the pictures and I proceeded to file the claim; however, I looked at a calendar and put the date of the... View More

Tim Akpinar
Tim Akpinar
answered on Aug 18, 2020

An Alabama attorney could answer best, but your question remains open for a week. Based on your description, it does not sound like you committed fraud. It looks more like you made a mistake in mixing up the date of the accident. Fraud essentially requires an intentional act aimed at deceiving the... View More

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Alabama on
Q: In Alabama what are the rights of a third party in an auto claim, can the check be made solely to me? Or does it by law?
Tim Akpinar
Tim Akpinar
answered on Jan 29, 2020

An Alabama attorney could answer you best, but your question remains open for four weeks. As a general matter nationwide, it can depend on arrangements made with the insurance carrier. If you handled your own property damage claim, the carrier will make the check payable to you. If an attorney is... View More

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Alabama on
Q: You I had a guy rear end me at a red light and it was the guys fault well now his Insurance company is leaving me stuck

His insurance company got me a rental car and now I was informed I have to return it tomorrow. Their garage totaled out my car now they say the check for the van has to be paid to this shady lien holder so now I’m going to be stranded and no money. I’m disabled and I don’t get money until the... View More

Tim Akpinar
Tim Akpinar
answered on Jan 5, 2020

I'm very sorry that all these things are happening to you on top of the recent loss of your husband. Unfortunately, when it comes to rentals, the allowances are strictly monitored. Once a check is cut, or once a determination of damage is made, that's about the end of the line for the... View More

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Health Care Law for Alabama on
Q: How can insurance companies keep lowering pain management for long term pain mngt patients until quality of life suffers

I had my first spine surgery at age 19 and many more,some botched over the years I turn 50 in a few days. Over the years I've had many pain mngt procedures, medications, and not a whole lot of pain relief. I finally got good pain mngt Dr. approx 16 yrs ago who gradually raised my meds until I... View More

Tim Akpinar
Tim Akpinar
answered on Nov 9, 2019

An Alabama attorney could address your issues best, as insurance is governed by state law. But your question remains open for two weeks. I'm sorry for your pain and frustration here. This sounds like something to take up with your doctor. While the pain management philosophies of your... View More

1 Answer | Asked in Car Accidents and Insurance Defense for Alabama on
Q: Can the insurance company of a truck company only pay me 95% for my totaled car if it was their fault?

I was driving behind an 18 wheeler when their part came off and caused me to have a accident. I didn’t get hurt but their insurance company only wants to pay 95% of my totaled car.

Peter N. Munsing
Peter N. Munsing
answered on Mar 9, 2018

Depends on why--maybe they deducted for "prior damage?" ask for the "valuation sheet"--which explains how they got there.

If you have injuries you need to contact a member of the Ala.Trial Lawyers Assn--they give free consults.

1 Answer | Asked in Insurance Defense for Alabama on
Q: Could you give me please any case for third party liability?
Adam Studnicki
Adam Studnicki
answered on Jul 30, 2015

Not sure what you are asking. Talk to a local lawyer for assistance.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your...
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