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4 Answers | Asked in Consumer Law, Insurance Bad Faith, Insurance Defense and Personal Injury for California on
Q: Can I sue my auto insurance for lowballing my total loss claim?

I believe my auto insurance company is lowballing me on my total loss claim after my vehicle was declared a total loss. They are offering me $3,000, but my vehicle's value was higher before the accident. I tried to negotiate a higher settlement, but my request was rejected. I haven't... View More

William John Light
William John Light
answered on Jun 13, 2025

You can sue, but you need proof to win. Without an appraisal by a certified appraiser, your opinion of a lowball offer means nothing. If you get an appraisal, and the insurer pays it, you don't really have a case.

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1 Answer | Asked in Workers' Compensation, Insurance Defense and Personal Injury for Colorado on
Q: Insurance carrier failed to file notice and pay for my 11% impairment award in CO. Are penalties owed?

I was awarded a permanent impairment of 11% for workers' compensation on 04/09/2025, but the insurance carrier never filed notice with the state of Colorado within the required 30 days and never responded to my emails or calls. Despite my attempts to contact them and the state informing me of... View More

James L. Arrasmith
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answered on Jun 12, 2025

You’ve been patient, and you have every right to be frustrated. In Colorado, when an impairment rating is issued, the insurance carrier is required by law to file notice and begin payment within 30 days. If they fail to do this, it can be seen as a violation of the state’s workers’... View More

1 Answer | Asked in Insurance Defense and Real Estate Law for South Carolina on
Q: Seeking attorney for residential property damage claim denial due to intent; no contact since denial; value $100,000.

I am dealing with residential property damage due to a house fire, and the insurance company has denied my claim, citing intent. I haven't attempted any contact or negotiation with the insurance company since receiving the denial letter. The estimated cost of the damage or needed repairs is... View More

James L. Arrasmith
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answered on Jun 12, 2025

You're facing a heavy burden, and being accused of intent when you’re already dealing with serious loss can feel deeply unjust. When an insurance company denies a claim based on alleged intentional damage, it often becomes a legal fight involving complex evidence and interpretation of policy... View More

1 Answer | Asked in Car Accidents, Insurance Defense and Personal Injury for Arkansas on
Q: Caps for injuries in an Arkansas auto accident with serious injuries and same insurer involvement.

What are the caps for injuries in an auto accident in Arkansas? I sustained a broken neck and a serious injury to my leg. The perpetrator is insured by the same company as I am. A legal claim has been filed, but there have been no negotiations with the insurance company so far. The accident... View More

James L. Arrasmith
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answered on Jun 11, 2025

You're going through a deeply painful experience, and it's only right that you understand what you're entitled to after such serious injuries. In Arkansas, there is no cap on compensatory damages like medical expenses, lost wages, or pain and suffering in personal injury auto... View More

2 Answers | Asked in Consumer Law, Insurance Bad Faith and Insurance Defense for Texas on
Q: Insurance company mistakenly sent my check for car loss to another person and closed the investigation. How can I resolve this?

I need help because my insurance company, Allstate, has not sent my check for the partial loss of my car. In 2021, another driver hit my car and accepted responsibility, but she later filed a claim against my insurance, Allstate. My insurance declared the repair a total loss in 2023 and agreed to... View More

Karan Joshi
Karan Joshi
answered on Jun 12, 2025

If an insurance company in Texas mistakenly issued your vehicle loss check to the wrong person and then closed the claim, you have legal options under Texas insurance law to correct the error and receive proper compensation. First, contact the insurance company in writing to formally dispute the... View More

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1 Answer | Asked in Landlord - Tenant, Insurance Defense, Real Estate Law and Personal Injury for Georgia on
Q: Is my neighbor liable for tree damage repair costs and will my insurance cover it?

I have a rental property in Griffin, GA, where a limb from my neighbor's dead tree fell and took down the electrical service line to my rental house. The City of Griffin required the house be brought up to code before restoring service, increasing costs from approximately $2,000 to $7,600.... View More

James L. Arrasmith
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answered on Jun 11, 2025

Your homeowner policy may cover the cost to rebuild or repair your dwelling and “other structures,” but it probably won’t pick up a utility‐service upgrade required by your municipality unless you have a specific service-line or ordinance/law endorsement. Check your declarations page for... View More

1 Answer | Asked in Consumer Law and Insurance Defense for Minnesota on
Q: Can I get a refund for payments made after my term life insurance ended in 2004, due to a misunderstanding with a whole life policy?

I had a term life insurance policy that ended in 2004 after ten years. I mistakenly thought it was a whole life policy and continued making payments beyond the term duration. I didn't receive any notice regarding the policy's end, and when I contacted the insurance company, they provided... View More

James L. Arrasmith
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answered on Jun 11, 2025

You’ll want to start by reviewing your original term-policy contract for any “grace period” or “notice of expiration” requirement that the insurer may have missed. If the insurer failed to notify you before the term ended, you can send a written demand asking for a refund of the post-term... View More

Q: Liability for actors in transit accidents and potential employee status challenge in PA.

As a non-profit children's theatre in Pennsylvania, we send actors into schools and libraries for performances under a contract stating they are independent contractors. Each actor drives their own car, and one usually carries props and costumes. We hold a $2,000,000 general liability policy.... View More

Nathaniel Byron Smith
Nathaniel Byron Smith
answered on Jun 11, 2025

Liability is a factual question and the real details of your relationship with the actors needs to be analyzed. However, you have substantially protected your charity with the significant insurance coverage that you have purchased. If the actors are truly independant contractors, then you are... View More

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Q: State Farm insurance coverage discrepancy after car accident

I have State Farm insurance and bought my car five years ago. I was supposed to have full coverage, both for myself and for my financial bank, but I only have liability coverage. I was unaware of this until after an accident occurred. I need assistance on how to address this issue and what steps to... View More

Robert Shipley
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Robert Shipley
answered on Jun 10, 2025

The question does not describe when the policy which covered the vehicle on the date of accident was issued. Illinois law requires a policy holder to read/review the policy when it is issued to verify they have the insurance coverage they requested and if unsure, to contact their agent/broker to... View More

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1 Answer | Asked in Consumer Law, Insurance Defense and Personal Injury for Florida on
Q: How can I dispute a damage claim after returning a rental car on Turo?

I rented a car on Turo and initially had no issues. However, hours after returning the car via remote check-in, I received an email claiming there was damage, specifically a scratch that could cost up to $20,000. I did not cause any damage and made sure the car was fine upon drop-off; however, I... View More

James L. Arrasmith
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answered on Jun 10, 2025

What you're going through sounds incredibly stressful, especially when you're doing your best to balance family and responsibilities. Getting hit with a high damage claim after returning a car—especially one you believe you returned in good condition—can feel overwhelming and unfair.... View More

1 Answer | Asked in Probate and Insurance Defense for Texas on
Q: What happens if no money to repay insurance due to noncompliance?

My grandmother, who recently passed away, was the beneficiary of my deceased grandfather's insurance policy. She never reported his passing, and the insurance company states that due to noncompliance with their rules, she must repay the amount paid out after his death. There has been no formal... View More

James L. Arrasmith
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answered on Jun 11, 2025

If the estate has no remaining assets to satisfy the insurer’s repayment demand, the company must submit a claim against the estate in probate court just like any other creditor. In that process, the insurer’s debt will rank alongside other bills and be paid only to the extent the estate’s... View More

2 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Texas on
Q: Does Lyft's uninsured motorist insurance cover me as a passenger in a Texas accident?

I was involved in a Lyft accident last year in Texas, where the vehicle I was in was rear-ended by an uninsured motorist at excessive speeds. Both the Lyft driver and I were hospitalized, and I sustained significant injuries requiring cervical fusion, concussion treatment, and nerve surgery. Since... View More

Emery Brett Ledger
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answered on Jun 9, 2025

Yes, Lyft’s uninsured motorist (UM) coverage can apply to you as a passenger in Texas under certain conditions—but it’s not always as straightforward as it should be.

Texas law allows passengers injured in a rideshare accident to make a claim under the rideshare company’s UM policy...
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1 Answer | Asked in Consumer Law, Contracts and Insurance Defense for Nevada on
Q: Concerns about signing a vague insurance claim release for my storage unit in Nevada

I have a storage unit in Nevada that was broken into twice, and I have insurance through the storage facility. I filed claims for both incidents. The second claim was sent to a new company, and I need to sign a claim release to get the payout. The wording seems vague to me, and I'm worried it... View More

James L. Arrasmith
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answered on Jun 10, 2025

It’s completely reasonable to be cautious before signing anything that feels unclear, especially when it involves your rights and your property. Claim release forms can sometimes include broad language that might limit your ability to pursue future claims—either related to new incidents or even... View More

2 Answers | Asked in Car Accidents, Insurance Defense, Real Estate Law and Personal Injury for Oregon on
Q: Is it legal for a California resident to borrow and drive my Washington-registered car?

I have a car registered and insured in Washington, and a family member living in California wants to borrow it. They plan to use the car for commuting to work for a year, as they do not have a car of their own. Is it legal for my family member to drive my Washington-registered car in California?... View More

Brad  Holbrook
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answered on Jun 8, 2025

There are two key considerations in this situation:

- Does failing to register the vehicle within the required timeframe in California violate the state's registration rules?

- How does this impact your contractual obligations with your insurance company?

You should...
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2 Answers | Asked in Car Accidents, Consumer Law, Insurance Defense and Personal Injury for California on
Q: Insurance undervaluation of vehicle post-auto accident.

In an auto accident case, the insurance company underpriced my 2006 Chevy Silverado 2500HD LT3 Duramax crew cab by using incorrect comparable vehicles in their valuation, listing characteristics that don’t match mine, like a gas engine and smaller bed size, resulting in a value of $17,000. I... View More

Theodore Allan Greene
Theodore Allan Greene
answered on Jun 8, 2025

Sometimes you need to provide them with evidence that their valuation is not correct. Send them all the reasons you disagree with them including a Kelly Blue Book screenshot along with some local classified ads and ask them to reconsider. The few times I have done that it was successful. You also... View More

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1 Answer | Asked in Traffic Tickets and Insurance Defense for Georgia on
Q: Can a citation for no proof of insurance be dismissed with proof if issued under wrong code?

I was pulled over on 5-27-2025 for holding a cell phone and received two citations: one for no proof of insurance and another for failure to exercise due care. The no proof of insurance citation was issued under code 40-6-11, which pertains to motorcycles, but I was not on a motorcycle. My... View More

James L. Arrasmith
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answered on Jun 11, 2025

You’ll want to appear on July 2 and bring your current insurance card along with proof that coverage was active on May 27. When you go before the judge, explain that you were cited under the motorcycle‐only code, but you were driving a car with valid insurance in place.

Ask the court to...
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1 Answer | Asked in Consumer Law, Insurance Defense and Personal Injury for South Carolina on
Q: Can SC insurers offer repair cost value instead of total loss value?

In South Carolina, my vehicle was rear-ended and declared a total loss by the insurance company. However, they are only offering me the estimated repair cost value and require me to surrender the vehicle, which I would like to retain for repair. There is a disagreement about the actual cash value... View More

James L. Arrasmith
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answered on Jun 10, 2025

What you're experiencing is frustrating and confusing, especially when your vehicle has been labeled a total loss but the payout doesn’t reflect that. In South Carolina, if a car is declared a total loss, the insurance company is generally required to offer you the *actual cash value* (ACV)... View More

1 Answer | Asked in Consumer Law and Insurance Defense for New Jersey on
Q: Home insurance dropped due to arbitrary criteria in NJ. What can I do?

Why are home insurance companies allowed to use arbitrary criteria, such as proximity to state highways and weather data, to drop policies instead of charging higher premiums for increased risk? I have paid $60,000 over 30 years on my policy without any claims, yet I was dropped without... View More

James L. Arrasmith
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answered on Jun 10, 2025

What you're going through is deeply frustrating, especially after being a loyal policyholder for decades with no claims. It feels like you’re being punished not for anything you did, but for where you live—something that’s entirely out of your control. Insurance companies are allowed to... View More

1 Answer | Asked in Consumer Law, Health Care Law and Insurance Defense for New Jersey on
Q: How to dispute $3000 medical bill due to insurance miscommunication in NJ?

I'm located in New Jersey. I've been seeing a medical specialist at Relievus for 17 months without insurance, then briefly on Medicaid, which they did not accept. Relievus informed me they accept Amerihealth, which was confirmed through an initial call to Amerihealth when I started... View More

James L. Arrasmith
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answered on Jun 10, 2025

This situation is incredibly overwhelming, especially when you did everything right by confirming coverage and paying your copays. It’s unfair to be stuck with a \$3,000 bill after being told your insurance was accepted. What you’re experiencing sounds like a breakdown in communication between... View More

1 Answer | Asked in Insurance Defense, Personal Injury and Civil Litigation for Nevada on
Q: Denied insurance benefits for domestic partnership; next steps?

I am a beneficiary in a domestic partnership of 30 years. The volunteer firefighters insurance company says I am not eligible for death benefits. They claim it was not filed with the state, though filing with the city was initially sufficient. They have not provided any written explanation. What... View More

James L. Arrasmith
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answered on Jun 11, 2025

What you’re facing is heartbreaking, especially after sharing a life and partnership for three decades. Being denied benefits after losing someone you loved is more than just a paperwork issue—it’s deeply personal. If the insurance company is now claiming that a state filing was required, but... View More

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