Ask a Question

Get free answers to your Insurance Defense legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Insurance Defense Questions & Answers
1 Answer | Asked in Business Law and Insurance Defense for California on
Q: Why should a Realtor get their own insurance if covered under broker's policy?

I am assisting a customer who is a Realtor, and they are curious about why they might be advised to purchase their own General Liability and E&O insurance policies if they are already covered under their Broker's policies. They want to understand the benefits or situations where having... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 12, 2025

Even though your broker provides some coverage, having your own General Liability and Errors & Omissions (E&O) insurance offers valuable extra protection. Broker policies typically cover many agents, so limits can quickly be exhausted if multiple claims occur. Having your own policy ensures... View More

1 Answer | Asked in Car Accidents, Insurance Defense and Personal Injury for California on
Q: Accident caused water pipe damage; liability for cars affected?

I was involved in a car accident where I hit high-pressure water pipes near a corner at a high school. Initially, no other cars were damaged, and we warned vehicles not to proceed. However, after us, several cars drove forward, guided by a school crossing guard, resulting in nine cars being damaged... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 12, 2025

Based on the details provided, your liability may be significantly reduced because you actively tried to prevent additional harm by warning other drivers. California follows comparative negligence principles, meaning responsibility can be shared among multiple parties. Since a school crossing guard... View More

1 Answer | Asked in Consumer Law and Insurance Defense for California on
Q: Can I designate a third party to communicate with my title insurer on my behalf?

I have an owner's title policy, and I initially designated a third party to communicate with the title insurance company on my behalf, as they are most familiar with the title concerns and filed the claim for me. Although the title claims agent initially accepted this arrangement, they later... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 7, 2025

Yes, you generally have the right to designate a third party to communicate with your title insurer on your behalf in California. This right falls under basic agency principles and is supported by California insurance regulations that allow policyholders to appoint authorized representatives. Your... View More

1 Answer | Asked in Car Accidents, Consumer Law and Insurance Defense for California on
Q: Found at fault for accident at car wash with no damages. How to respond?

I received a letter today from an insurance company claiming that I was found at fault for an 'accident' that happened three months ago at a car wash. I had to brake to avoid a roller that was about to hit me, which led to a car hitting me, and a third car hitting the second car. There... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 6, 2025

You should respond to the insurance company by requesting complete documentation of the claim, including proof of damages paid, repair estimates, and the date of repairs. Ask them in writing to provide evidence that connects any current damage to the specific incident three months ago at the car... View More

3 Answers | Asked in Car Accidents, Consumer Law and Insurance Defense for California on
Q: Can I dispute an insurance fault determination after a car accident?

I was involved in a car accident on February 1, 2024, which my insurance company says was my fault, but I disagree. I didn't dispute their decision at the time, and now they say I can't contest their fault determination anymore. The claimant is asking for $195,000, but my insurance policy... View More

Tim Akpinar
Tim Akpinar
answered on Mar 2, 2025

Yes, you can. My guess is that they're going to pay up to the policy limits, and that they made a decision it doesn't make financial sense to invest the investigative resources to make a detailed determination. Gather your evidence to support your position, as my colleague correctly... View More

View More Answers

1 Answer | Asked in Car Accidents, Insurance Defense and Civil Litigation for California on
Q: Can I motion to receive insurance money before trial with a counter-suit?

I was in an auto accident resulting in severe injuries and a counter-suit against me. There have been communications regarding limited insurance funds currently held by the court. I have submitted responses to interrogatories, special interrogatories, and RFPD, and I also sent interrogatories to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2025

In California, you generally can file a motion to request access to insurance funds held by the court before trial, especially if liability coverage is limited and multiple parties have claims. Such a motion is often referred to as a motion for disbursement or interpleader funds, depending on the... View More

3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for California on
Q: Car accident with minor damage and large injury claim

While at a stop light, my car rolled slightly and scratched the car in front of me, causing minimal damage. The other party is now claiming $250,000 for bodily injury and loss of enjoyment of life. My insurance is reviewing the claim and suggested I might need to hire a lawyer. There is no... View More

William John Light
William John Light
answered on Feb 25, 2025

There is nothing to do now except allow your insurer to handle the claim. Attempts to transfer assets into other names will be deemed fraudulent. Further, based upon your description, such efforts are completely unnecessary. The amount for which a case settles compared to the original settlement... View More

View More Answers

2 Answers | Asked in Consumer Law, Insurance Bad Faith and Insurance Defense for California on
Q: Can't verify insurance carrier's license and getting no response. What to do?

I am a claimant involved in a situation where a second-party adjuster, supposedly acting on behalf of a security guard company's carrier, reached out to the business owner of a restaurant I was at. This adjuster claimed to be opening a claim on behalf of the security guard company mentioned in... View More

William John Light
William John Light
answered on Feb 23, 2025

You can hire an attorney to help resolve your dispute with the security guard company, or file a complaint with the superior court over what ever your dispute is with the security company. If an an adjuster for an unlicensed insurer or adjusting company is engaged in attempting to investigate or... View More

View More Answers

1 Answer | Asked in Consumer Law, Insurance Bad Faith, Insurance Defense and Contracts for California on
Q: Car theft insurance claim dispute during CA-NY transport.

I have comprehensive coverage on my car, which promises market value replacement for theft. However, after my car was stolen during transport from California to New York, my insurance company is looking to possibly limit liability to $50,000 instead of paying out due to theft. We hired two... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2025

It sounds like you’re dealing with a complicated situation, especially with the confusion about your insurer's actions and the involvement of multiple parties. Normally, comprehensive insurance covers theft, regardless of where it happens, including during transport. However, some policies... View More

2 Answers | Asked in Real Estate Law, Probate and Insurance Defense for California on
Q: How to cash insurance check for deceased co-owner in CA?

I jointly owned a home in California with someone who has passed away. I was notified six weeks after their death. Although I did not live in the home, I discovered someone moved in and caused damage to the property. The insurance adjuster confirmed that repairs are covered, and a check will be... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2025

A probate attorney can first review the deed to determine whether you are now the sole owner of the home or a co-owner with the decedent’s estate. If you are a co-owner then a probate can be opened to get that share transferred to the decedent’s heirs. If no heirs come forward to run the... View More

View More Answers

2 Answers | Asked in Car Accidents and Insurance Defense for California on
Q: How to handle car damage from an accident near US-Mexico border?

I was recently in an accident right after crossing the border from Mexico into the US, where someone hit my car, causing damage. We did not file a police report, but the other driver gave me their insurance information. How should I proceed with both insurance companies to address the damage to my... View More

Tim Akpinar
Tim Akpinar
answered on Mar 5, 2025

If liability is solely on the other party, the two of you should be able to handle things solely through the other side's insurance. If the other side gave their carrier a statement, and the carrier is satisfied with the account of the accident, they could work with you - that would probably... View More

View More Answers

3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for California on
Q: Should I get a lawyer after minor injuries in an Uber accident?

I was riding in an Uber car when it was involved in an accident, resulting in some minor scrapes and bruises. The police were involved, but I didn't provide a statement as I wasn't driving. I didn't seek hospital treatment due to the minor nature of my injuries, and I'm unsure... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Feb 17, 2025

On the one hand... if you didn't understand Uber's "communication" you should probably consult with a lawyer. On the other hand... if your injuries are so minor that you didn't seek medical attention, then the value of your claim is minimal. Uber will probably make a... View More

View More Answers

5 Answers | Asked in Car Accidents, Personal Injury and Insurance Defense for California on
Q: Should I give a statement to other driver's insurer after a rear-end accident?

I was rear-ended about a week ago on I-5 during a traffic jam, which resulted in back pain. I have received medication and might need therapy, according to my doctor. The other driver's insurance company contacted me to give a statement about the accident. Should I provide the statement to them?

Samer  Habbas
PREMIUM
Samer Habbas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 13, 2025

It’s generally not advisable to give a recorded statement to the other driver’s insurance company without first consulting an attorney. Insurance adjusters often look for ways to minimize their company’s liability and may use your words against you to reduce or deny your claim.

If you...
View More

View More Answers

2 Answers | Asked in Insurance Defense and Wrongful Death for California on
Q: Can a different insurance company take the amount I received from the at failt drivers ins. Out of the settlement

My parents died in an accident we were in abs their insurance wants to take the settlement amount I received from the at fault driver out of their settlement they are saying the driver was underinsured that’s why. It is for a wrongful death settlement they said it’s the law they have to take... View More

William John Light
William John Light
answered on Feb 11, 2025

If you have a wrongful death case, and you don't have an attorney, you are being foolish. If you have an attorney, ask him this question. If you are making a claim against your parents underinsured motorist coverage, then yes, amounts paid by the at fault driver's insurance are... View More

View More 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

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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.

View More Answers

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

View More Answers

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.