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California Insurance Defense Questions & Answers
3 Answers | Asked in Insurance Bad Faith, Insurance Defense, Products Liability and Small Claims for California on
Q: I am inquiring about an attorney that practices with Insurance for vehicles. Possibly a pro bono or sliding scale

I was involved in an accident last year and I was not at fault. I have a police report and have notified the other party's insurance however they have not been helpful. I have called and left multiple messages but it's almost a year and I have not received no call in return. Since the... View More

William John Light
William John Light
answered on Jan 26, 2025

The insurance company for the other driver owes you nothing until you get a judgment against its insured. If your car was damaged, get estimates for repair and for rental car during the period of repair. You can also contact a car appraiser to get an estimate of the diminution in value to the the... View More

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1 Answer | Asked in Civil Rights, Health Care Law, Insurance Defense and Medical Malpractice for California on
Q: Can I pursue legal action against Kaiser and related entities for negligence, unaddressed grievances, and mistreatment?

Theres more to the story but Since June 6, 2022, I’ve filed multiple DMHC cases, including Case #1219942, regarding Santa Clara County’s failure to address grievances and comply with health plan laws. I have Asperger’s Syndrome, am homeless, and suffer from ongoing health issues, including a... View More

James L. Arrasmith
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answered on Jan 15, 2025

Based on the details you've shared, you may have grounds for legal action against Kaiser and related entities, particularly given the documented pattern of negligence and unaddressed grievances since 2022. Your situation involves multiple serious issues: inadequate medical care,... View More

2 Answers | Asked in Health Care Law and Insurance Defense for California on
Q: A medical billing company continues to send me bills with massive upcharges even after payments have been sent.

Is legal action applicable here? The statements are confusing and vary in amounts owed. When I've called the billing company which is separate from the doctors office, they don't answer the phone and they do not get back to me after voicemails. This gave me no option but to use the online... View More

Tim Akpinar
Tim Akpinar
answered on Jan 10, 2025

Your frustration is understandable. It could be worth discussing with your insurance carrier. As a general matter, they do not like to get involved in the collection aspect of bills through private third-party billing and collection companies. However, reputable insurance companies do want to... View More

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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Amazon would not let cancel Insurance and make $288 since August 2024 join insurance when the App show $88 only

and Amazon $288 every week for Amazon Imputed when App show was pnly $88 only and I kind want to quit Amazon for take $288 and The phone App lie

James L. Arrasmith
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answered on Dec 8, 2024

It sounds like you're having trouble with insurance charges through Amazon, specifically regarding a discrepancy between the $88 shown in the app and $288 being deducted weekly for "Amazon Imputed" insurance charges since August 2024.

You should immediately contact Amazon HR...
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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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2 Answers | 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

Tim Akpinar
Tim Akpinar
answered on Nov 23, 2024

It could depend on how aggressively the other side's attorney and authorities want to press those issues. If the other side chooses to bring a case, it could depend on how it would be handled. Some plaintiff attorneys assess an accident case in a matter-of-fact approach, seeing it solely in... View More

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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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