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New York Insurance Defense Questions & Answers
0 Answers | Asked in Insurance Bad Faith and Insurance Defense for New York on
Q: If your in a Lyft and and you were a passenger that was rear ended and the at fault party insurance is 25k

Can you make a under insured motorist claim in nyc the Lyft had commercial insurance from American transit do we have to exhaust all of that policy first to trigger the Lyft coverage?

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for New York on
Q: Can i sue an insurance company

So my dilemma is I have a car accident reported on my car accident history last year. I have never been in an accident in my life. My mom got in an accident last may and i was in the car. She called me a week later and told me her insurance wanted to speak with me i explained the situation to them... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 12, 2022

Some elements of the scenario are not fully clear, but from the brief facts, it does not look like a case of insurance fraud. Insurance fraud cases generally involve deliberate conduct with the intent to deceive the other party. This looks more like it could be an administrative or communications... Read more »

1 Answer | Asked in Health Care Law, Insurance Bad Faith, Insurance Defense and Civil Rights for New York on
Q: Can a health care provider accept insurance based on merit of the patient?

A dentist office accepts my current insurance. But make me pay full price, bills my insurance separately then sends me a check for less than 50% of what I payed when my insurance covers 80% of the total visit. They also only make some people who have the same insurance pay. So if you and I both had... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 11, 2022

It could be difficult to speculate why a dental or medical office would apply different billing protocols. As a convenience to the patient, some offices do not bill patients but instead, have them complete paperwork enabling their billing staff or contractor to bill on patient's behalf. When... Read more »

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for New York on
Q: Insurance company denied medically necessary breast reduction. My back is now more damaged. Can I sue?

Hi,

I have a very large chest and as such I also suffer from crippling back pain. It has gotten to the point I can no longer function normally and cannot even get out of bed some days due to sciatica. I tried to get my insurance company to pay for a breast reduction and they denied me. In... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 16, 2021

I'm sorry for your ordeal with the back pain. In terms of having a case on which to sue, a law firm could offer a more meaningful response after reviewing the file with the input of medical professionals. What you are really probably wondering is whether you could sue in a manner where a law... Read more »

1 Answer | Asked in Banking, Insurance Bad Faith and Insurance Defense for New York on
Q: what to do if my bank refuses my father's life insurance claim?

My father's bank refuses to pay me by telling me that my father did not contributed the last months before his death without giving me any official paper or proof. My father contributed to this insurance for more than 30 years and it's a shame not to get any penny..

Tim Akpinar
Tim Akpinar
answered on May 9, 2021

I'm sorry for your ordeal that makes a difficult situation even more painful. It appears you've already requested records. It's difficult to offer step-by-step instructions here, as the next step could possibly require litigating the claim, depending on the situation. Reach out to... Read more »

2 Answers | Asked in Insurance Defense and Traffic Tickets for New York on
Q: Hey I have gotten a no insurance and no registration ticket but the car wasn’t mines what can I tell the judge ?
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 22, 2021

While it sounds unfair, the law requires drivers to know that the vehicle they are driving is properly registered and insured. You can argue that it was not your vehicle, but you may be held responsible for driving an unregistered and uninsured vehicle.

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2 Answers | Asked in Personal Injury and Insurance Defense for New York on
Q: Need advisement on legal documentation

settlement agreement questions

Peter N. Munsing
Peter N. Munsing
answered on Feb 24, 2021

the other thing you have to watch for are "subrogation claims." Lets say it's a slip and fall. You settle. But your health insurance has a claim for the money they paid for your medical treatment. They can come after you! Likewise Medicare or any state assistance. So at least get the... Read more »

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1 Answer | Asked in Contracts, Business Law and Insurance Defense for New York on
Q: I live in Suffolk county NY. I want to take a travel insurance company to small claims but theyre based in Missouri.

Where would i make the claim? The insurance was purchased online along with travel package through groupon

Sarah Elena Gold
Sarah Elena Gold
answered on Jun 17, 2020

You won't be able to make the claim in small claims court in NY. The Defendant must reside, work or have a business address within the five western towns of Suffolk County. You'd have to bring the claim in county court, which will be considerably more expensive and may be cost... Read more »

1 Answer | Asked in Insurance Defense and Traffic Tickets for New York on
Q: Insurance lapse for 1mo. Cited for operating w/o insurance, unreg vehicle, operate while reg susp and unlicensed

My registration was up to date and my license was valid, but my insurance lapse messed with them all and gave me four tickets, why?

Charles Oliver Wolff
Charles Oliver Wolff
answered on Jul 22, 2019

When your insurance terminates (or lapses) the DMV automatically suspends/cancels your registration and plates, but not your driver's license. Reinstate your insurance (expect the rate to go up), renew your registration, get new plates, and take proof of all of that to court when you appear.... Read more »

1 Answer | Asked in Traffic Tickets and Insurance Defense for New York on
Q: My mom was unaware that she was uninsured for 8 months. Now geico is trying to back charge her $1200.

Geico says if she doesn’t pay, they will report her to the NY DMV where she will get fined and have her license revoked since her insurance was cancelled before she surrendered her plates. Her insurance was cancelled 10/2018, but her plates weren’t surrendered until 6/2019. She had called... Read more »

Zev Goldstein
Zev Goldstein
answered on Jun 30, 2019

This is difficult problem to untangle. There are probably a few more pieces to the puzzle. For instance, was she insured in CA? I can't understand this from your question. Even if she pays the fine, her license would be suspended in NY for around 9 months. Then the questions becomes whether... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation, Insurance Defense and Municipal Law for New York on
Q: If an individual travereses on frozen water, do they do so at their own risk?

New York State: A number of discussions on traversing on frozen water exist. The DEC discusses safety issues for recreation users like anglers. The Parks and Recreation statutes discuss the use of snowmobiles. The NYS Snowmobile association discusses training, risks, and safety measures that a... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Feb 4, 2019

First, don't put you email up ---ask Justia to take it down.

I'm not hearing any specific facts in your situation. As a general rule a person chosing their route is responsible for it's safety. Unless there is a need to go across frozen water they would be harmed. Look at...
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1 Answer | Asked in Traffic Tickets and Insurance Defense for New York on
Q: Got arrested for suspended license never notified ried profusely to pay. And now I find out it's still affecting ins

I

Going back several years, three I believe. This was the winter when buffalo got record snowfall. Five feet. I obviously didn't drive when it was down like that but even as the roads cleared they were messy. I had three accidents over the next year or two including a speeding ticket... Read more »

Zev Goldstein
Zev Goldstein
answered on May 22, 2018

Your story got cut off. Try posting the relevant parts.

1 Answer | Asked in Criminal Law, Insurance Defense, Consumer Law and Insurance Bad Faith for New York on
Q: I think I have been in a car insurance scam.

Car insurance rep collecting the money but Insurance company says i have no insurance and owed money.

Michael David Siegel
Michael David Siegel
answered on Apr 27, 2018

Report it to the New York State Attorney General ASAP.

1 Answer | Asked in Contracts, Insurance Bad Faith and Insurance Defense for New York on
Q: After I left the company my insurance was backdated so I was no longer covered with no offer of Cobra. What’s next?

I already went under a procedure and I received no written notification of this nor was their any paperwork describing benefits or what happens after you leave the job. I had a verbal agreement (and some texts) with the manager saying I at least had a month but now I have a bill over $2,000. I... Read more »

Michael David Siegel
Michael David Siegel
answered on Feb 17, 2018

You have a claim against your employer. For $2000 it is small claims. You can bring it yourself.

3 Answers | Asked in Employment Discrimination, Employment Law and Insurance Defense for New York on
Q: Can i be fired after 10yrs working for insurance company, even tho I disclosed felony in app and when questioned by HR

Co hired new bkgtound co and gr larceny felony came up. Asked if I have waiver which I never was told i needed one. I enroll people for insurance which doesn't req a license

V. Jonas Urba
V. Jonas Urba
answered on Sep 29, 2017

Google ban the box or Fair Chance Act NYC.

Call us if you lose the job which you should not unless special circumstances.

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1 Answer | Asked in Criminal Law, Family Law, Health Care Law and Insurance Defense for New York on
Q: Is it legal to change someone elses doctors apointments?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Jul 10, 2017

That sounds like a HIPAA violation unless exceptions apply. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and... Read more »

1 Answer | Asked in Insurance Defense and Business Law for New York on
Q: Am I required by law to have disability insurance if I am the only employee and owner of my company? (an LLC)
Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Apr 14, 2017

Not typically, but in some rarefied event it might depend on what kind of industry you're in and what specific licensure rules apply to you in your profession. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... Read more »

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Consumer Law for New York on
Q: Removing son in law from Geice car insurance

Geico informed my husband that once he submits his son paycheck with a new address, they will remove him. Now they are saying he resides to close to our address, what legal language is needed to have Geico car insurance remove him. He doesn't live with us since August 2016, he has NC drive... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Mar 27, 2017

Review your situation and insurance contract with a lawyer. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... Read more »

1 Answer | Asked in DUI / DWI and Insurance Defense for New York on
Q: If a Veteran is convicted of DWI & his insurance company comes after him for reimbursement, can they seize assets

He was told by the INSURANCE Company's attorney that he can refuse to pay. My concern is...if he does that, can the insurance company seize assets, i.e. motorcycles, cars, put a lein against a home his name is on?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Jan 23, 2017

It depends on the facts. Have a lawyer review your case and your insurance agreement. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice... Read more »

1 Answer | Asked in Criminal Law and Insurance Defense for New York on
Q: I am charged personal and company both,Can I dismiss personal criminal charge?Or this should not be criminal penalty?

I am a general contractor.Brooklyn New York.A few months ago,my workers were doing construction work in a residential house.Someday the inspectors of Department of Buildings came to job site(I was not there).They issued violation to my company for "work does not conform to approved... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Jan 23, 2017

You might be able to file a motion for dismissal, but I'm not sure on what grounds you would do so. More facts are needed here. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... Read more »

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