Get free answers to your Insurance Defense legal questions from lawyers in your area.
I was a passenger in a vehicular manslaughter accident, and now I'm suffering from both mental and physical damage. The driver involved is currently in prison. I am considering pursuing a personal injury claim to address these damages. What steps should I take to begin this process, and what... View More 
answered on Apr 29, 2025
First of all, I am so sorry to hear that you were involved in an accident like this. The best thing to do is to contact a personal injury lawyer who can go over all of the facts of the accident, your injuries and what insurance is available to you. We injury lawyers do not normally charge a... View More
I was named as the recipient of a house in a will. The house was insured by the deceased, and it burned down. Afterward, the insurance company issued a payout by check, which is held by the executor's lawyer. The dispute is between my family, who were named in the will as recipients of the... View More
I had my car towed to Firestone for repairs, and they were supposed to tow it back to my house. However, they handed it over to another towing company without my consent. Initially, both Firestone and the towing company claimed not to know the whereabouts of my car. Later, the towing company... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 30, 2025
This situation raises serious legal issues involving potential negligence, conversion, and possibly breach of contract. In New York, if a company entrusted with your vehicle transfers it to a third party without your authorization and then fails to account for it, you may have grounds to pursue... View More
In New York, someone crashed into my 2014 Honda CR-V EX-L with 150,000 miles, and their insurance company accepted responsibility but deemed it a total loss, offering $9,000. I believe the car, in perfect condition with regular maintenance, is worth more. I am concerned about covering extra costs... View More
answered on Apr 24, 2025
I'm sorry about your accident. I hope all involved are okay. You could try negotiating. However, the claim examiner only has so much leeway - they will consider the year, the make, the model, trim level, mileage and other possible factors. They may see your mileage at 150,000 miles as high,... View More
In New York, someone crashed into my car and was found at fault by their insurance company, which accepted responsibility. They deemed my 2014 Honda CR-V EX-L (middle trim) with 150,000 miles a total loss and offered me $9,000. I believe the car is worth more, as it was in perfect condition with no... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 30, 2025
Yes, in New York you can absolutely negotiate a total loss settlement with the at-fault driver's insurance company. The initial offer from the insurer is not necessarily final, and you are not required to accept it if you believe it undervalues your vehicle. Insurance companies are required to... View More
In a no-fault collision case in New York, my lender received payments from both the auto insurance of the guilty party and my NY Gap Insurance. However, they only applied part of these payments to my remaining loan balance and labeled it as a "rebate." They never provided an explanation,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025
It sounds like your lender may not be following the terms of your loan agreement. Typically, when you have gap insurance, the payout is meant to cover the difference between your car's value and your remaining loan balance in the event of a total loss. If your lender received both the auto... View More
As the executor of an estate, I have the verbal permission of all beneficiaries to represent the estate pro se in a case moved to federal court regarding an insurance claim related to the estate. There are no disagreements among the beneficiaries, and I could obtain written permission if necessary.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025
In federal court, there are stricter rules about who can represent parties in a lawsuit. Generally, only individuals who are licensed to practice law can represent others in federal court. As an executor of the estate, you can represent the estate in some state court matters pro se, but in federal... View More
As the executor of an estate, I have the verbal permission of all beneficiaries to represent the estate pro se in a case concerning an insurance claim related to the estate. The case has already been filed, and there are no disagreements among the beneficiaries regarding my handling of this case... View More
answered on Mar 23, 2025
I handle insurance matters, but not probate and estate matters. However, you posted a week ago and your question straddles both categories. It could be worth considering a consult with your attorney handling the estate to review your arrangements. Depending on the amount and importance of the... View More
I was injured on a tour bus in NYC when I hit my head on a TV screen at the front of a 'hop on hop off' bus. I needed two staples in my head, which we paid for and are trying to claim back through our travel insurance. The incident happened on February 22nd, the day we arrived, and has... View More
answered on Mar 6, 2025
Sorry to hear what happened to you. Although you can certainly seek compensation from the bus operator for your injury, there needs to be some fault on the part of the tour bus. The television screen is arguably an open and obvious condition about which the bus company does not need to warn... View More
I was in a car accident in New York almost three years ago and was at fault. The other party is now suing me, but fortunately, my insurance company has provided an attorney to defend me. Although I live with my son-in-law and daughter, who own the house and have their own car insurance, I am listed... View More
answered on Feb 25, 2025
It sounds like your affairs were totally separate three years ago, and that you had you had your own separate insurance. Under those facts, that should limit any possible theories of recovery against you. With your arrangements now, it's difficult to say. Your assigned insurance attorney is... View More
I discovered that someone impersonated me to list themselves as a driver on an auto insurance policy I held. This impersonator, believed to be the girlfriend of a friend for whom I was insuring the vehicle, got into an accident with the insured vehicle. I was unaware of this addition to the policy.... View More
answered on Feb 23, 2025
It could depend on how the additional insured made it on to the policy. That might result in an investigation on the part of the carrier. If you approached law firms to discuss such a lawsuit, they may want to first see the carrier's position on covering or not covering claims from the... View More
I was riding my Suzuki motorcycle in a NYC bicycle lane when another driver turned left in front of me, causing an accident. He claimed he couldn’t see me due to two lanes of cars. I suffered multiple fractures in my foot/ankle and had surgery, with medical bills exceeding $25,000. The other... View More
answered on Feb 19, 2025
Sorry to hear what happened to you. Although you could arguably obtain a verdict greater than $25,000 at trial, there is no guarantee that you'd be able to collect on a judgment. And that's assuming you win. Instead, the costs associated with going to trial will eat up whatever recovery... View More
She slammed her door onto my passenger door leaving a dent/scratch the dashcam could not capture her doing that just the sound but it did get video of her pulling in and out of the spot next to me I took pictures of my door and the edge of her door where you can see a little bit of my white paint... View More
answered on Feb 14, 2025
I'm sorry this happened to you. One option is pursuing it in court; another (depending on your coverage) could be handling through your own carrier as a first-party claim. Although your account of events is credible, it looks like the carrier recognizes the difficulty in proving the claim and... View More
A pedestrian crossed the street several feet away from the crosswalk during a heavy rain, I called 911 but the pedestrian wanted to leave and I didn't let him and I told him he had to wait because I called for attention, the firefighters arrived and asked him if he felt anything, he said no... View More
answered on Jan 5, 2025
You should let your insurance carrier handle the response. Make a copy of the summons and complaint and give the original to the insurance carrier with whom you had a policy in effect at the time of the accident. Do this immediately, as there is a short time window in which to respond. Keep a copy... View More
Im looking for a disability Insurance lawyer to go over my disability Insurance policy to make sure everything looks right and to share with me insights and make sure I understand what I am getting signing this policy. Please share with me disability Insurance only lawyers so they can go over the... View More
answered on Jan 2, 2025
You could find that. It's just that the format here on the forum is limited to Q & A, so that could make it difficult for attorneys to reach out to you with offers of their services. You may have already started searching online. You could supplement your efforts with the tab above,... View More
Are illegal immigrants allowed insurance under the affordable care act?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 13, 2024
Under the Affordable Care Act, undocumented immigrants are not eligible to purchase health insurance through the federal or state marketplaces. They cannot receive premium tax credits, cost-sharing reductions, or other federal benefits through the healthcare exchanges.
However, you can... View More
When I renewed my car insurance policy, I was told that some optional add-ons were not optional and I had to accept. I found out a day later that she lied and it was not true. Now the company is saying it can be fixed by the agent but they're making it EXTREMELY difficult. I'm on my 6th... View More
answered on Dec 8, 2024
This looks like something that could be remedied without attorneys. You could try to continue to work with their customer service to get the options you want. If the first person you spoke with was inexperienced and provided incorrect information, it's possible you may have to pay whatever... View More
I live in a co-op building and the neighbors right below me had water damage. No idea what happened, but their insurance took care of everything a month or two ago. Now, the Super called me that the neighbors and the building management have been emailing for a date for someone to come in and... View More
answered on Sep 3, 2024
Without knowing the details of the water damage, one possibility is that the insurance adjuster and building super want to confirm that the source of damage is not from directly above, which could make your unit the most likely possible source to look into. You mention feeling uncomfortable - you... View More
answered on Mar 8, 2024
You could ask your attorney what the deduction is for. No one here could know what your attorney's out-of-pocket expenses were, but these could include index no. if your case was placed into suit, medical records requests, and other costs. If the case involved liens of any kind, those could... View More
answered on Jan 8, 2024
A subpoena needs to describe the document or item requested with sufficient particularity as to enable the party served with the subpoena to produce the document or item. It does not need to include a copy of the document referenced in the subpoena itself.... View More
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.
