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Insurance Bad Faith Questions & Answers
Q: If I have to move out because of abatement but the reason is that the entryway porch is unsafe, what happens?

Partial collapse of the elevated porch only entry/exit to the property. They are getting estimates to fix it, so started immediately, but on a day to day basis it doesn't seem safe. The porch was old so it just finally started to give way, because of that renters insurance won't cover any... View More

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for California on
Q: How can a thirdparty use torts to extend statue of limitations for auto claim in california ..is prop 30 an option.

2022 i was hit by a neg driver i live in california and san francidco is where the acciedent occured . The driver didnt report the accident police never took a statement from me .the adjuster isnt licensed in the state of california to adjust claims in california however she denied it and was... View More

James L. Arrasmith
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answered on Aug 20, 2024

In California, the statute of limitations for filing a personal injury claim after a car accident is typically two years. However, there are certain situations where this period can be extended, especially if you can prove that the insurance adjuster acted in bad faith or misled you regarding your... View More

1 Answer | Asked in Insurance Bad Faith for California on
Q: Does my PPO from another state have to adhere to my own state's laws regarding ambulances?

I live and work in California and I have a PPO through my job with Blue Cross Blue Shield of Michigan. I recently had to use an ambulance ( via Los Angeles Fire Dept.) but BCBSM says that I am responsible for the full bill because the ambulance is "non-participating/out of network."... View More

James L. Arrasmith
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answered on Aug 20, 2024

It can be frustrating to deal with situations like this, especially when state laws seem to conflict with insurance policies. While California law (AB 716) mandates that all ambulances must be treated as in-network, your insurance provider may be arguing that this law only applies to insurers... View More

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

James L. Arrasmith
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answered on Aug 20, 2024

In your situation, it's crucial to gather all evidence of the verbal agreement, such as text messages or emails that reference it. This documentation will support your position if you need to dispute the insurance claim or address any false injury claims.

Next, you should promptly...
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1 Answer | Asked in Insurance Bad Faith for Texas on
Q: I had a roofing company is threatening to put a lien on my house because the insurance company did not fully pay.

Their representative told me numerous times that I would only have to pay my deductible. The insurance company is not covering the water damage on the inside of the house. The roofing company has an outstanding balance of 16,000. They are requiring that I pay that amount or they will put a lien... View More

Tim Akpinar
Tim Akpinar
answered on Aug 28, 2024

A Texas attorney could advise best, but your question remains open for two weeks. An attorney consult might be a starting point in sorting this mess out - depending on your policy, the terms of releases signed by the company, their original work contract (and any change orders), your insurance... View More

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Mississippi on
Q: I have a Hamana HMO and a Eurolge Doctor turn me away but they will take PPO from Hamana insurance! !
Tim Akpinar
Tim Akpinar
answered on Sep 7, 2024

A Mississippi attorney could advise best, but your question remains open for three weeks. As a first step, you could check with Humana if your visit should be covered. Ask the urologist's office why you were turned away - is it a coverage issue, are they a participating provider, do they... View More

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Georgia on
Q: When making a right hand turn if someone speeds around you and hits your passenger side shouldn't their insurance cover?

I was slowing to make a right hand turn into my driveway the kid behind me said he thought I was going left and was trying to go around. He hit my front fender and mirror (passenger side). We both have Allstate and they say I can either pay 40% of the damages to my vehicle and nothing on his or I... View More

Tim Akpinar
Tim Akpinar
answered on Aug 23, 2024

A Georgia attorney could advise best, but your question remains open for almost two weeks. That defense is commonly raised in settings where the turning vehicle was far enough away from the direction of the turn to enable a vehicle to try to pass inside. You could challenge it, on your own or with... View More

1 Answer | Asked in Insurance Bad Faith, Medical Malpractice, Small Claims and Workers' Compensation for Texas on
Q: can I file law suit for bad faith, pain and suffering , malpractice against an insurance carrier , intentional neglect

The claims management company, representing the insurance company, failed to provide a reasonable level of care for the treatment of a crush injury to the lower extremities. They did not offer suitable recovery or rehabilitation pathway that would be typical for a patient with similar injuries.... View More

John Michael Frick
John Michael Frick
answered on Aug 14, 2024

A claim for misrepresentation of the terms of the workers’ compensation insurance policy is really the only potential claim for bad faith by a workers compensation insurer in Texas. Your question does not indicate a misrepresentation concerning the terms of your workers' compensation... View More

0 Answers | Asked in Products Liability and Insurance Bad Faith for Arizona on
Q: I lost most of my possessions in a moving truck fire. What are my legal options?

The fire took place on July 20, 2024 in Winslow, AZ. It was a double brokered truck. The truck in question was insured for $25k, but there were 10 other families on this truck. Do I work with the original moving company to settle? Do I have any legal rights?

0 Answers | Asked in Insurance Bad Faith for New York on
Q: Flooring contractor did a bad job and now wont answer our calls.

We had our wood floors refinished and the contractor did a horrible job with lines left in the floors. He came back told us he would refund us $1500 of the $10,000 we paid him and when we countered his offer he threw a literal temper tantrum and walked out. Now he will not return our calls even... View More

1 Answer | Asked in Insurance Bad Faith and Legal Malpractice for Wisconsin on
Q: A lawyer for the opposing side said he was gonna be the one to make the decision in my claim is that legal?

The insurance company CNA thought I was going to sue which I wasn’t what happened was the document they sent was for that and I said this is to sue you because it was for medical

Board review. I said that I wasn’t going to sue them and then their attorney ended up calling me and said... View More

Tim Akpinar
Tim Akpinar
answered on Aug 17, 2024

A Wisconsin attorney could advise best, but your question remains open for over a week. Some things aren't fully clear from the post - more detail might be helpful. But based on the brief facts, if CNA assigned defense counsel to your case, there's nothing wrong with them being the one to... View More

1 Answer | Asked in Federal Crimes, Health Care Law, Insurance Bad Faith and Civil Rights for Oklahoma on
Q: Can a Health insurance RN report a person to DHS for drug seeking during a comprehesive assessment?

I was being interviewed for a comprehensive assessment by RN case manager with health insurance. discussi my diagnosis andmedication past and present. Discuss finding new a doctor. Told her wannted to get back on my old medicstkons except for pain medicstios, esp my CNS medication. I started... View More

James L. Arrasmith
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answered on Aug 31, 2024

It seems like you’re feeling understandably upset and confused about what happened during your interaction with the nurse. In general, healthcare professionals, including nurses, are mandated reporters, meaning they must report certain situations to authorities, especially if they believe a... View More

1 Answer | Asked in Insurance Bad Faith for Illinois on
Q: I had full coverage insurance with United Equitable and they denied my claim on a financed vehicle. Is that legal?

I was in a car accident where the other driver hit me and my car was deemed a total loss from United Equitable. UEI asked me for my schedule for AMAZON FLEX. I was not driving for AMAZON FLEX on the day of the accident and UEI denied my Comprehensive claim for paying off my car. Is this legal?... View More

Tim Akpinar
Tim Akpinar
answered on Aug 29, 2024

An Illinois attorney could advise best, but your question remains open for three weeks. Can you sue? To answer that question, an attorney would probably want to see your policy and the denial. It could involve setting up a consult, either in person or over the phone after emailing documents for... View More

1 Answer | Asked in Insurance Bad Faith, Car Accidents and Small Claims for California on
Q: Property damage caused by non res./non-prop. owner & admitted fault; Insurance company paid but at depreciated value.

Housekeeper drove into/damaged 1 garage door; local companies recommend both doors be replaced. HK has admitted fault (to both property owner and insurance company); also have evidence via RING camera (which also indicates there are witnesses to accident); HK initially was going to pay out of... View More

James L. Arrasmith
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answered on Aug 7, 2024

You have a strong case to pursue the difference in small claims court. The housekeeper admitted fault, and you have evidence from the RING camera along with witness testimonies. The key issue is that the insurance company is only offering the depreciated value, while the actual cost to fix the... View More

1 Answer | Asked in Civil Litigation, Contracts, Products Liability and Insurance Bad Faith for Nevada on
Q: The insurer of my storage unit is offering $600 out of a $5k policy after burglary. Contents were worth way more

Large unit I paid on for almost two years. They want receipts for things but thieves stole all documentation I owned. And there’s no receipt for years worth of clothing, shoes, perfume collection, etc. The storage manager failed to notify me and continued accepting payment for months until I came... View More

Jennifer Setters
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answered on Aug 12, 2024

I'm sorry to hear about the distressing situation you're going through. Based on the information you’ve provided, there may be grounds to pursue legal action, not only for the inadequate insurance payout but potentially also for emotional distress and other damages. Here’s a breakdown... View More

1 Answer | Asked in Consumer Law and Insurance Bad Faith for Maryland on
Q: How can I challenge State Farm's undervaluation without incurring prohibitive legal costs and ensure my 27-1001

How can I challenge State Farm's undervaluation without incurring prohibitive legal costs and ensure my 27-1001 filing is as strong as possible?

Tim Akpinar
Tim Akpinar
answered on Aug 14, 2024

A Maryland attorney could advise best, but your question remains open for a week. Until you are able to consult with a local attorney, the general manner of challenging an undervaluation could include presenting evidence in the form of comparable listings within a given region, an... View More

2 Answers | Asked in Car Accidents and Insurance Bad Faith for New Hampshire on
Q: Other drivers insurance quotes the repairs for my car a lot cheaper than multiple shops has, what do I do?

Someone hit my car in the front end. Multiple body shops have quoted the repairs between $1500 and $2000. The other persons insurance has accepted fault but has sent me a quote that they will only pay $600. They got this quote from a parts shop that doesn't do body work and is forcing me to... View More

Tim Akpinar
Tim Akpinar
answered on Aug 11, 2024

A New Hampshire attorney could advise best, but you await a response for a week. It appears that you got your quotes from legitimate auto body repair shops that are registered in New Hampshire for such work. That gives you a strong argument against the carrier's PD department basing damages on... View More

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1 Answer | Asked in Insurance Bad Faith for Tennessee on
Q: Can you sue an insurance company if they refused to cover costs due to an unethical loophole?

About a year ago, a friend was living in Florida and she lent her truck to a friend. This friend allowed her boyfriend to drive the truck, who had been drinking (but still below the legal limit) and had no driver’s license. The guy got in a car accident and totaled the truck. The insurance... View More

Anthony M. Avery
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answered on Aug 5, 2024

There are no ethical rules for insurance. Read your insurance contract for the exclusions the co. relied upon.

Bad Faith suit is only an extra 25% and exposes you to a bad faith claim. A suit for breach of contract may be possible within the contract term SOL. A good lawyer would...
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1 Answer | Asked in Consumer Law, Insurance Bad Faith and Insurance Defense for Oregon on
Q: Farmers insurance allowed someone to call n cancel my auto insurance without my permission. Do I have legal recourse?

I was at a car dealer 50+ miles from home to buy a car when I found out it was canceled. I drve not know I was uninsured. I was at risk legally n physically had I had an accident. They said someone called n canceled it but it wasn't me. They had the phone number. Not mine or my wife's.

Tim Akpinar
Tim Akpinar
answered on Aug 6, 2024

An Oregon attorney could advise best, but your question remains open for a week. Depending on how defined by the consumer laws of your state, your situation could be a privacy breach - a local attorney should advise on available remedies there. But from a practical standpoint, the standard for... View More

1 Answer | Asked in Insurance Bad Faith for New York on
Q: My $3000 motorbike was stolen. Insurance suggests it was intentional. After hours of calls and many docs requested, shou

My $3000 electric motorbike was stolen two months ago, and there are security photos of the theft. The insurance company, suspicious due to the bike being taken out of storage two days before, implies the theft was intentional. After 5 hours of phone calls and now being asked for numerous... View More

Tim Akpinar
Tim Akpinar
answered on Jul 30, 2024

I'm sorry your motorbike was stolen. The answer to your question is an individual call. Your frustration is understandable. If you're thinking of bringing an attorney on board, you could start reaching out to law firms to try to arrange free consults to discuss their terms for assisting... View More

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