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I'm involved in a wrongful death lawsuit in California. The at-fault driver has a $100K liability policy, and our UIM coverage is $300K. Our lawyer advised that we can't use our UIM in conjunction with the wrongful death lawsuit because it involves "stacking," which is not legal... View More
answered on Nov 5, 2025
Your UIM comes into play... if... your 3rd party recovery is less than the limit of your UIM coverage (e.g. $300K). So if your recovery is $100K from another driver, then your UIM would cover the balance between the two policies (e.g. $200K). However, if you receive a $1mil. settlement... (or any... View More
I'm involved in a wrongful death lawsuit in California. The at-fault driver has a $100K liability policy, and our UIM coverage is $300K. Our lawyer advised that we can't use our UIM in conjunction with the wrongful death lawsuit because it involves "stacking," which is not legal... View More
answered on Nov 5, 2025
There is a lot that is not included in the question. I don't know what your lawyer was considering, or what the deeper facts are that may influence a decision. If the UIM gets you the policy limit, total settlement of money available to claimant(s) is $300,000, apparently, inclusive of the... View More
I live in California and I'm dealing with a bad faith insurance issue. During my phone calls with the insurance company, I usually manage to record when their automated system states "this call will be recorded for quality and training purposes." However, in one instance, I... View More
answered on Oct 28, 2025
Defense counsel would face an uphill battle trying to exclude this as admissible evidence under California Penal Code Section 632—the argument itself would be borderline frivolous.
In California, generally, recording merely needs to be announced, and if the other party stays on the call,... View More
I have been experiencing bad faith handling with my Uninsured Motorist (UIM) coverage. My insurance company continuously tried to get me to waive my UIM Bodily Injury (UIMBI) coverage, creating issues between me and the at-fault adjusters. They have delayed the settlement of my UIMBI coverage even... View More
answered on Oct 17, 2025
I can understand why you’re frustrated; it sounds like you’ve been patient and diligent, yet your insurance company continues to delay your UIM claim without good reason. In California, insurers owe their policyholders a duty of good faith and fair dealing, which means they must handle claims... View More
In 2012, while I was incarcerated, AIG Insurance Company issued two checks to me, totaling $62,000. These checks were cashed by someone else without my authorization. I reported this to the Fontana Police Department and have documented evidence, including copies of the checks and paperwork from the... View More
answered on Oct 2, 2025
Civil lawsuits have time limitations that require you to file a lawsuit within the specified time frame or you will be barred from filing a lawsuit. These deadlines are referred to as Statute of Limitations (SOL). They usually expire between 1and 4 years. Your claim occurred 13 years ago. However,... View More
I was involved in a rear-end collision in very heavy traffic while entering the freeway, with minimal impact (0-5 mph). My insurance has deemed me at fault, but the other party is claiming bodily injury. My insurance coverage may not be sufficient for their claim, and they want me to sign a... View More
answered on Jun 23, 2025
It’s understandable to feel concerned—especially when a low-speed rear-end collision suddenly involves a bodily injury claim that seems out of proportion. Even minimal impact crashes can sometimes lead to injury claims, but your suspicion of fraud isn’t unwarranted, especially if you’ve... View More
I was involved in a rear-end collision in very heavy traffic while entering the freeway, with minimal impact (0-5 mph). My insurance has deemed me at fault, but the other party is claiming bodily injury. My insurance coverage may not be sufficient for their claim, and they want me to sign a... View More
answered on Jun 23, 2025
Because it doesn't care about your pride or sense or right and wrong. The insurer makes a decision based on what costs the least amount of money. Also, your estimation of whether anyone could be injured in such a small impact has no value. You don't know whether anyone had a... View More
I am seeking legal assistance for a virtual interview related to my disability insurance claim under an ERISA plan. My insurance company previously denied my claim, leading to an appeal and litigation, after which the plan was reinstated. Now, they want to conduct an interview with a third-party... View More
answered on Jul 9, 2025
I agree with your line of thinking. Despite what other attorneys have told you about only considering an attorney in the event of a second denial, your concerns and interest in having an attorney for this third-party investigator interview are very legitimate. In terms of your question about... View More
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
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.
I'm a Licensed Vocational Nurse (LVN) and I've been noticing that my facility has been allegedly committing insurance fraud for the past 10 months by accepting clients under fake names. I've also been asked to alter withdrawal scales and breathalyzer or drug screening results.... View More
answered on Jun 1, 2025
Unclear to whom you are reporting. 1. Work your way up the chain of command. 2. Contact the licensing agency for your facility. As a whistleblower, you should be protected from adverse employment actions, and if that is violated, you may have a lawsuit.
In May 2023, I underwent a breast lumpectomy to remove what was deemed a benign fibroadenoma after a biopsy. The surgeon and I agreed on the surgery for personal and medical reasons. Despite multiple post-surgery visits where I raised concerns about persistent pain and firmness, no follow-up or... View More
answered on Apr 24, 2025
The first issue is the one-year statute of limitations wherein you must file a lawsuit or you will be forever barred from compensation. Based on these facts you may be within that time period but you should immediately consult with an experienced malpractice attorney.
Depending on reasons... View More
I experienced a house fire in October 2024, leading to severe damage and the need for reconstruction. During the reconstruction process, the contents of my living areas were packed and stored, but my insurance company is refusing to cover these costs, stating that personal property packing and... View More
answered on May 2, 2025
It depends on the nature of the insurance policy. If it is an occurrence policy, you are correct. However, it is an a claims made policy, the insurance company may be correct. Occurrence policies protect against incidents during coverage regardless of when claims arise. Claims-made policies only... View More
I was involved in a car accident in California where I was not at fault. During mediation, the final offer was $100,000, but my attorney advised waiting. Two weeks later, I received a release for $85,000 without prior notice. I requested to see the other party's proposal offer, the total... View More
answered on Apr 21, 2025
There are several red flags that indicate cause for concern, and others do not.
The portion coming from your own insurance company would not be included in the release.
It is unclear why the settlement is no longer $100,000.
Liens can be negotiated, in some situations,... View More
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
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
I paid my son's life insurance for 10 years through automatic bank payments. Recently, due to a bank system change, my March 2024 payment wasn't processed, leading to the insurance policy's cancellation. The insurance company claims they didn't receive payments for March, April,... View More
answered on Feb 14, 2025
This question came up under several different headings. Please note the appropriate topic is "Banking" or "Civil Litigation". It does not involve insurance or personal injury. I don't think you have a cause of action against the insurance company because they didn't... View More
I recently let my lawyer go because I felt she wasn't representing me properly; however, she is still representing my sister. After this, I attended court with my sister, and I found out that my former lawyer had contacted the insurance agent about what was said in court. I feel this may have... View More
answered on Feb 14, 2025
What was said in court was a public record. A "feeling" that communication with an agent/adjuster may have adversely affected your settlement is not nearly enough. You need evidence that you were harmed. What was said in court may have affected your settlement, but the attorney... View More
I am handling a wrongful death claim after an auto accident involving my parents. Initially, their insurer labeled a deduction as a subrogation fee, then later as an underinsured claim. This was applied to settlements from the other insurance several times, totaling four deductions. I let go of my... View More
answered on Feb 14, 2025
I understand your concern regarding the deductions, especially since the insurer is citing a law that mandates these deductions. To address this issue properly, I recommend speaking directly with an attorney who specializes in insurance law or wrongful death claims. They will be able to review the... View More
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
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
Neighbor is limiting the use of my driveway. I cannot park in my own driveway where I want because of a hazardous tree.
A homeowner on my street, has a hazardous tree he refuses to remove (a very large dead Modesto Ash). The ground at the base of the tree can be seen lifting up during... View More
answered on Dec 13, 2024
You can contact the city, which may have an ordinance about diseased or dead vegetation. Code enforcement might require him to remove the tree. Otherwise, you would have to file a lawsuit alleging a nuisance, and request an injunction ordering him to remove the dead tree. You would need a... View More
She feels like she has been completely miss lead. We already filled a complaint with the department of insurance and are waiting for them to investigate.
answered on Nov 15, 2024
It really depends on what the insurance policy and terms say. Your grandma's relationship with National Life is contractual. If she is paying a monthly or annual premium to keep the policy active, if she stops paying, she may no longer be able to receive the benefits of the policy. You should... View More
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