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California Insurance Defense Questions & Answers
5 Answers | Asked in Car Accidents and Insurance Defense for California on
Q: being sued from auto accident and they are making false claim what to do ?
James L. Arrasmith
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answered on Jan 26, 2024

If you are being sued from an auto accident in California and believe the claims against you are false, it's important to take immediate action. First, inform your auto insurance company about the lawsuit, as they are typically involved in defending against such claims under your policy. They... View More

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2 Answers | Asked in Personal Injury, Car Accidents, Insurance Bad Faith and Insurance Defense for California on
Q: Can I sue my car insurance company?

My insurance company has left my totaled vehicle in my name without paying any necessary fees - now we have a lien. They have grossly failed in defending me as their customer in a few ways and I would like to know if there are any options in pursuing legal action against them. Happy to give more... View More

James L. Arrasmith
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answered on Jan 3, 2024

Under California law, it is possible to pursue legal action against your car insurance company if they have failed in their obligations towards you as a policyholder. If your insurance company has not fulfilled its contractual duties, such as handling claims properly, paying necessary fees, or... View More

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1 Answer | Asked in Insurance Defense and Landlord - Tenant for California on
Q: Can a tenant contractually waive Landlord from Landlord liability insurance in California?

The tenant will be subletting out the rooms that she's renting. She also has a separate contract with the Landlord to be their property manager in this case. Would the Landlord still be liable for injuries to sub-tenants and their guests or damages to the property besides usual wear and tear?... View More

James L. Arrasmith
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answered on Dec 20, 2023

In California, while a tenant can agree to certain responsibilities in a lease agreement, a landlord cannot contractually waive all liability, especially in regards to injury or harm that may occur on the property. The landlord maintains certain legal responsibilities for the safety and maintenance... View More

2 Answers | Asked in Workers' Compensation, Employment Law and Insurance Defense for California on
Q: w/c case lifetime medical settled. 9 years ago .Does my 2022 workers comp claim get deducted before settled?

Closed settled workers comp claim lifetime medical was linked to open w/c claim .I’ve been enforced leave of absence .Receiving pay . Open w/c claim allowed me back to work . Is this an offset where Sdi will consider a settlement coming in future and getting paid is it law must return it... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Sep 4, 2023

If you collected State Disability payments for certain weeks then the Insurer PAID YOU disability for those same weeks, YOU have to pay the SDI money back to the state. If the insurer never paid you for the exact loss dates you collected SDI, then you don't have to pay back the state; it... View More

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5 Answers | Asked in Personal Injury, Civil Litigation, Civil Rights and Insurance Defense for California on
Q: Is it common for a demand letter to be ignored by the defense?

Defense not responding in timely manner. Really not trying to file suit but I will if have to. Any pointers on getting there attention?

John Michael Frick
John Michael Frick
answered on Sep 4, 2023

Sometimes including a well-drafted petition prepared by an experienced and competent lawyer with a demand letter elicits a better response. It sends a message that you are prepared to follow through with a lawsuit if your demand is ignored and that you are willing to “put your money where your... View More

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3 Answers | Asked in Car Accidents and Insurance Defense for California on
Q: Should I sign

A PI came to my house from the other party insurance asking me to sign a paper stating that I was not injured or for damages.. in this accident I hit a car(Nissan) that hit a pedestrian and another car(Tesla). The Tesla insurance sent the PI to my house to sign this paper because they are suing the... View More

James L. Arrasmith
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answered on Aug 10, 2023

It's important to be cautious before signing any document related to a legal matter. Consult with your own attorney before signing any papers provided by the opposing party's insurance or their representative. Their interest may not align with yours, and you should fully understand the... View More

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1 Answer | Asked in Insurance Defense for California on
Q: If I have a life insurance license in CA, can I have my clients pay my LLC?
James L. Arrasmith
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answered on May 6, 2023

Yes, it is possible for your clients to pay your LLC if you have a life insurance license in California. However, there may be certain regulations and requirements that you need to comply with in order to do so. It is recommended that you consult with a legal and/or financial professional who can... View More

2 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for California on
Q: Is there a standard minimum you can expect to get from an insurance company from a minor hit and run accident?

A year ago I was in a minor hit and run accident. I had to see a chiropractor and was out of work for a few weeks. I went straight to the emergency room, so I also had a doctor bill. Mercury insurance has had a claim specialist working on this for a while now, they just got back my medical bill,... View More

James L. Arrasmith
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answered on Feb 20, 2023

There is no standard minimum amount you can expect to receive from an insurance company for a minor hit and run accident as each case is unique and depends on various factors such as the severity of the accident, the extent of the injuries, the amount of property damage, and other related costs.... View More

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1 Answer | Asked in Car Accidents and Insurance Defense for California on
Q: Car accident my insurance company sent this if I had something can I gift it DeclarationOfNoliabilty insurance&No asset

The insurance company sent it to me, I’m assume the document says I dont have assets.

If I do can I gift it away, is their anything I can do?

Tim Akpinar
Tim Akpinar
answered on Jan 4, 2023

A California attorney could advise best, but your question remains open for a week. One option is to consider discussing this with an attorney more thoroughly than is possible in the brief format of a Q & A forum. An attorney could review the terms of the insurance company's document, your... View More

6 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for California on
Q: What type of lawyer would handle disputes with insurance companies over car accident involving a fatality?
Dale S. Gribow
Dale S. Gribow
answered on Nov 22, 2022

a car accident lawyer, referred to as a Personal Injury Attorney.

call one local, though.

if there is an injury, and you were not at fault, most of us would accept the case on a contingency fee. That means the lawyer will only take a percentage of what he/she gets.

absent a...
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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... View More

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1 Answer | Asked in Insurance Defense for California on
Q: How long does a auto lender and insurance company (GAP) have to answer and refund a customer after written request?

I have written to cancel my Gap insurance due to paying off my car loan early, resulting in an overpayment from the auto lender and a refund per contract from the GAP insurance. It's nearing a month, the auto lender keeps saying they sent the check off and the insurance company besides... View More

James R. Dickinson
James R. Dickinson
answered on Oct 26, 2022

Speak with a local attorney for assistance. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for California on
Q: My car insurance had me complete an examination under oath.

After I completed my euo, I felt like a messed up on some of the questions but the attorney that represented my insurance company said they will mail me a transcript of the euo what does that mean and I can revise it ? Is that true ?

Dale S. Gribow
Dale S. Gribow
answered on Oct 25, 2022

the first thing you should do is make an appointment with a local PI lawyer.

you should never deal with the ins co on your own....or do you have a lawyer.

whatever you said will be typed up and you can correct what is wrong........but the ins co has the right to bring that to the...
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3 Answers | Asked in Insurance Bad Faith, Insurance Defense, Personal Injury and Civil Litigation for California on
Q: California Seatbelt defense falsely being claimed by defense counsel

Filed in pro per civil unlimited against negligent driver that rear ended me and was cited for speeding at scene of accident. Went to hospital and have been treating for spinal injury. Defense counsel for Kemper responded to suit by claiming plaintiff, (myself) not wearing seatbelt. However, I was,... View More

William John Light
William John Light
answered on Oct 2, 2022

Defendants get to assert defenses. They have to prove them by a preponderance of the evidence. You are entitled to dispute the defenses. That happens at trial by testimony or other evidence. Since there has been no trial, you have no right to prevent the Defendants from claiming this defense.

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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Car Insurance, and maintenance BAR lawyer

Hello,

My passenger airbag in my Honda deployed on the freeway. There was no accident, I’m not sure if it was a pot hole, bump, or malfunction. My insurance is blaming it on manufacturer, and vise versa. Now Allstate won’t pay Honda for the inspection and storage fees after “the jerk... View More

James L. Arrasmith
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answered on Oct 4, 2022

Yes, I would advise that you contact a lawyer about your situation.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Insurance denied are claim
James R. Dickinson
James R. Dickinson
answered on Sep 20, 2022

If you believe the denial was wrongful or in "bad faith," which it appears you do given your question on this site, speak with an insurance litigation attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client... View More

2 Answers | Asked in Car Accidents, Personal Injury and Insurance Defense for California on
Q: Gf is being sued. Can we lose our home if she loses? Home is under both our names.

Gf was in an accident(at fault) with 2 other vehicles. (25k/50k policy) First vehicle took the settlment. Second vehicle owner is suing for 250k. She makes about 35k a year and no savings. Can we lose our home that is under both our names. 250k mortgage, valued at 390k? Is it protected under... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 19, 2022

It depends on how you own the property, as joint tenants or as a tenancy in common. If you are joint tenants, then a judgment creditor cannot likely place a lien on your home. The homestead exception applies only if the judgment debtor files for bankruptcy protection, in which case the home she... View More

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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: My storage was burglarized Sunday. I immediately reported to P.D. and Management. I pay insurance yet they have no info?

My unit was broken into Sunday morning as this was viewed on their security camera footage following day. I immediately reported to P.D. and Management of storage and waited for someone to show Sunday when I was locked in overnight with no emergency number to call to get out. After explaining this... View More

James L. Arrasmith
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answered on Sep 23, 2022

Demand that management give you the insurance company information. If not, you can sue and discovery that information during "discovery."

1 Answer | Asked in Car Accidents and Insurance Defense for California on
Q: Do I have to take my transcripts of my insurance company talking bout an accident small claims court?

I was wondering if I had to provide the arbitrator with the transcripts of the phone call I had with my insurance company about the accident? The guy tried suing me and when that wasn't working out he decided to take things to small claims.

Tim Akpinar
Tim Akpinar
answered on Sep 20, 2022

A California attorney could advise best, but your question remains open for two weeks. It could depend on the court. If you're in small claims, it suggests there are probably no injuries. If it will take time to order and retrieve the transcripts, it could be up to the court. In general... View More

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Car Accidents for California on
Q: What are my options if my auto insurance claim was denied without a thorough investigation?

I was in a car accident where a lady backed out of her driveway into me as I was driving by, so her bumper dragged across my entire passenger side and took off my mirror. I called my insurance agent, who told me I was to reach out to the other party's insurance, so I did, and waited till after... View More

Dale S. Gribow
Dale S. Gribow
answered on Aug 26, 2022

contact a local PI lawyer................you were the victim.

any wits?

prepare a summary before you meet with the lawyer and bring pix

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