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California Insurance Defense Questions & Answers
3 Answers | Asked in Animal / Dog Law, Civil Rights, Insurance Defense and Intellectual Property for California on
Q: Declaration of Assets, Insurance & Employment under penalty of perjury from claimant's attorney

Our 21 lb dog bit an uber eats driver on the calf piercing his skin and he and his attorney are seeking compensation over insurance limits. Our insurance company sent us a declaration of assets, insurance and employment under penalty of perjury to complete with the policy limit settlement to send... View More

William John Light
William John Light
answered on Nov 18, 2024

You don't have to disclose your assets, other than insurance limits, even during litigation, unless punitive damages are sought.

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1 Answer | Asked in Car Accidents, Traffic Tickets and Insurance Defense for California on
Q: How much trouble am i in for falling asleep while diving, running a red light and causing a collision?

No one was hurt although the minivan spun several times it had to be towed away. It was a family on vacation and the minivan belongs to a rental company. I have no information from them and don't know what do I do? Also my car is a salvage title with no insurance and no registration but I do... View More

James L. Arrasmith
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answered on Nov 17, 2024

You're facing several serious legal issues that could result in criminal charges, including reckless driving, driving an unregistered vehicle, and operating without insurance - all of which are violations of California law.

The lack of insurance is particularly problematic since you...
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2 Answers | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: My grandma purchased from national life in 1986. She’s paid twice what the policy is worth. Should she still be paying?

She feels like she has been completely miss lead. We already filled a complaint with the department of insurance and are waiting for them to investigate.

Adam Stoddard
Adam Stoddard
answered on Nov 15, 2024

It really depends on what the insurance policy and terms say. Your grandma's relationship with National Life is contractual. If she is paying a monthly or annual premium to keep the policy active, if she stops paying, she may no longer be able to receive the benefits of the policy. You should... View More

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2 Answers | Asked in Car Accidents and Insurance Defense for California on
Q: In Los Angeles, CA my driver side car was hit while I was getting out the car, while my insurance lapsed, am I liable?

I hadn't stepped out the car, looked both ways and the car was going so fast that upon impact he kept going and screeched on brakes almost 500 feet away.

William John Light
William John Light
answered on Nov 6, 2024

Whether you are insured has no effect on whether you are liable. If you were negligent, you are liable. If the other driver was negligent, he is liable. However, you don't mention any injuries, so his liability, if any, appears to be limited to property damage to fix your car.

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1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Landlord - Tenant for California on
Q: My purse was stolen while was at my storage. If I make monthly rent & insurance payments is storage liable?

I was alone at my unit that night until another storage client drove up to my unit. She said a few words to me and left. When I realized my purse was gone I went to office immediately. I told them if incident & they could not get good view from camera footage. Also, told me they were not... View More

James L. Arrasmith
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answered on Sep 26, 2024

It sounds like you're going through a frustrating situation. Generally, insurance provided by a storage facility covers damage or theft of items inside the unit, not personal belongings like a purse stolen while you’re physically at the facility. You should review the terms of the insurance... View More

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: car insurance someone said I hit them I was never there at the scene

I've been told that there's a police report with my name on it. I called the police to explain that it wasn't me and also sent them an email to clarify the situation. I even sent them pictures of my car showing no damage. Despite all this, my insurance company is still pressuring me... View More

James L. Arrasmith
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answered on Sep 18, 2024

It sounds like a stressful situation, but you're taking the right steps by communicating with your insurance company and providing evidence. Make sure to continue documenting everything. Keep copies of all emails and communications with the insurance company, including your phone call notes.... View More

2 Answers | Asked in Insurance Defense and Car Accidents for California on
Q: What are the key legal arguments in Not at fault No Insurance for my cor At fault does have insurance

What are the key legal arguments in Not at fault

No Insurance for my car

At fault does have insurance

My son was driving my car

My son don't live with me

My son and girlfriend are in pain

My son now is missing work

200 feet away when made... View More

Tim Akpinar
Tim Akpinar
answered on Sep 15, 2024

The legal arguments would be based on each driver's individual share of liability. As my colleague points out, blame could be assigned to both sides in a comparative negligence jurisdiction, based on their actions. In terms of percentages, that could be something that would be argued here by... View More

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3 Answers | Asked in Insurance Bad Faith, Insurance Defense, Consumer Law and Car Accidents for California on
Q: can liberty mutual say (lie) that i called in to change my collision insurance (only the collision portion) to an older

car that i had, which was paid off. why would anybody do that? one car is 30 years old and the newer car is still on a lien with the bank!They switched it from, my bank owned mind you, car just when i get in an accident and file claim. all of a sudden they wont pay a dime saying 2year prior i... View More

Leon Bayer
Leon Bayer
answered on Aug 31, 2024

Your position sounds logical, but I do see some flaws in your argument. You say this happened 2 years earlier, right? So, are you saying that for the last 2 years, you never looked at your insurance bills, and never noticed that your rates and coverage had changed? I find that hard to believe, if... View More

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2 Answers | Asked in Insurance Bad Faith, Insurance Defense, Personal Injury and Small Claims for California on
Q: whats the best legal advice for breaching a verbal agreement on an insurance claim?

i was in a minor collision with a lady that resulted in a verbal agreement between both parties to resolve the issue outside of insurance . She said, because her car was new and didn't want the value to go down it was in the best interest of both parties to pay her the damages directly.... View More

Tim Akpinar
Tim Akpinar
answered on Sep 4, 2024

This is not uncommon. If the other side is moving forward with an injury claim, you should be in touch with your insurance carrier to place them on notice of the accident. Good luck

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1 Answer | Asked in Insurance Defense for California on
Q: can an auto insurance company demand a large sum of money from a 3 yr old bumper tap?
James L. Arrasmith
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answered on Aug 15, 2024

In California, auto insurance companies have a limited time frame to demand payment for damages related to an accident. This period is typically governed by the statute of limitations, which is generally three years for property damage claims. If an insurance company is making a demand after three... View More

2 Answers | Asked in Consumer Law, Civil Litigation and Insurance Defense for California on
Q: Zip-thru carwash damaged my daughter's jeep, rendering it un-driveable after she used their carwash - they are now refus

They are now refusing to pay for her car rental which climbed to nearly $5000 for they time they dragged their feet, didn't help her, didn't get her a ride home, didn't get her vehicle towed, and now they are telling US to open an insurance claim with OUR INSURANCE - we don't... View More

Leon Bayer
Leon Bayer
answered on Sep 6, 2024

I suggest you talk to your own insurance agent to find out if you making a claim will affect your rates. This is probably the kind of incident covered under your 'comprehensive' coverage which may cover things on a no-fault basis. Like, if her parked car was vandalized.

If your...
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1 Answer | Asked in Employment Law and Insurance Defense for California on
Q: Could I take a part time position (8hrs/week) without loosing or reducing my unemployment benefits?

I am receiving maximum unemployment benefits since I was laid off from work. I now have the opportunity to take up a part time job in a new field working 8-16 hrs a week. Could I take this job without loosing or reducing my benefits since I would only be making $7-14k/year compared to 80k/year... View More

James L. Arrasmith
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answered on Jul 18, 2024

Under California law, you may be able to take on a part-time job without losing your unemployment benefits entirely. California allows individuals receiving unemployment benefits to work part-time and still receive partial benefits, as long as your earnings do not exceed a certain threshold.... View More

4 Answers | Asked in Personal Injury, Insurance Bad Faith and Insurance Defense for California on
Q: Can an insurance company ignore my request to settle a 998 offer? I am the defendant.

The insurance company I am under received a 998 offer , it is within my policy limits but they want me to continue to fight the case. I want to settle this case and allow my policy to pay it. Can they ignore my request ,drag this case out to trial? Even though I will suffer the most damage in the... View More

William John Light
William John Light
answered on May 28, 2024

The decision to settle or litigate belongs to the insurance company. If it exposes you to a judgment in excess of your policy limit, it might be responsible to pay the entire amount. You should probably send the adjuster a letter, certified mail, demanding that it, alone, be responsible for any... 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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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

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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