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California Insurance Bad Faith Questions & Answers
1 Answer | Asked in Copyright, Insurance Bad Faith, Intellectual Property and Land Use & Zoning for California on
Q: Question, if this property belongs to the Indian reservation and the individual took it out unauthorized with a deed,

It would be considered fraud or no?

John Brian Hudak
John Brian Hudak answered on Jul 1, 2020

Consider contacting a local pro bono attorney group related to the issue. The specific facts would need to be reviewed to understand what happened and any possible wrongdoing.

This answer includes generalizations and there are many caveats. This answer does not form an attorney client...
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1 Answer | Asked in Health Care Law, Insurance Bad Faith and Insurance Defense for California on
Q: In the state of CA can you change a last name but not get officially married to avoid increased health insurance cost?
Kevin Christopher Murphy
Kevin Christopher Murphy answered on Jun 30, 2020

Yes, you can change your name without getting married. However, you should consult with a Family Law attorney to get the best advice before making any decisions. Good luck!

1 Answer | Asked in Insurance Bad Faith, Land Use & Zoning, Personal Injury and Real Estate Law for California on
Q: Who is liable for a brick wall between city and personal property.

I have kids jumping a brick wall all the time and falling on my yard. The wall runs across my property line from front yard to back yard. The other side is a tree shrub area, sidewalk and street. I want to know if I hold any liability if one of these kids get hurt? Also can I put signs up that face... Read more »

Dale S. Gribow
Dale S. Gribow answered on May 30, 2020

MORE INFO NEEDED.

YOU ARE POSTING ON A PI OR DUI SITE.

YOU NEED TO CONTACT A REAL ESTATE LAWYER.

3 Answers | Asked in Personal Injury, Insurance Bad Faith and Insurance Defense for California on
Q: does an insurance company have to defend the boat owner even though he is not listed as an insured on the policy?

The boat owner gave it to his son, who ended up getting insurance for the boat. The title for the boat was never changed.

William John Light
William John Light answered on May 19, 2020

Potentially, since the title never changed. An attorney will need to review the policy and do a coverage analysis.

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1 Answer | Asked in Civil Litigation and Insurance Bad Faith for California on
Q: Any recourse for a shipper - FedEx denies claim "No damage to contents" but contents broken, box crushed, but unopened?

We ship acrylic computer enclosures (insured) and nearly every time one is damaged, we file a claim that FedEx denies - most times they don't even inspect the package. Then, we call, ask to speak to a supervisor, send photos and the claim is approved. This has been going on for many years.... Read more »

Jason Kelly Smith
Jason Kelly Smith answered on May 14, 2020

Sounds like it could be a good candidate for the California Unfair Competition Law as being a course of practice that is unfair, unlawful and/or fraudulent. (See California Business and Professions Code sections 17200 et seq.) There might even be some recourse under state consumer protection laws.

1 Answer | Asked in Insurance Bad Faith for California on
Q: How to claim personal property loss properly?

My RV (motorhome) burned out. I already received $20000 from the insurance company for Motorhome repair costs.

My personal belongings, which cost more than $100,000, were insured for $90,000. I have huge list of property loss, but didn't send it to the insurer yet.

I do not... Read more »

William John Light
William John Light answered on Apr 28, 2020

Evidence that you had the means to acquire $100k in personal property.

If you don't have a job, that would be hard to explain. Evidence that you actually owned the property claimed: receipts, pictures, charred remains, etc. Insurers find that insureds suddenly have valuable...
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1 Answer | Asked in Insurance Bad Faith, Public Benefits and Social Security for California on
Q: I was paid short term disability but now ins. co. sys they made a mistake. Do I have to pay them back?
Neil Pedersen
Neil Pedersen answered on Apr 27, 2020

There is no way anyone here can answer that question without knowing far more. However the general rule is that the law does not usually allow someone to benefit from the mistake of another, and in most situations where a contract is concerned, money received by mistake needs to be paid back or a... Read more »

2 Answers | Asked in Appeals / Appellate Law, Contracts, Estate Planning and Insurance Bad Faith for California on
Q: Can I appeal the decision to transfer my structured settlement ?

I was scheduled to receive $75,000 at age 35 and $375,000 at age 45 through a structured settlement that was created after my father passed away. At age 22, about 10 years ago, I sold a portion of my structured settlement for a lump sum of money. I was about 22 at the time. The judge in San Diego... Read more »

John Francis Nicholson
John Francis Nicholson answered on Apr 24, 2020

Your description of your legal issues raises more questions than answers. In order to get an informed legal opinion from an attorney you need to retain an attorney for a consultation. Be thorough with your facts, and bring all relevant documents to the consultation, which will consume at least 1... Read more »

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2 Answers | Asked in Insurance Bad Faith for California on
Q: Tow truck driver damaged motorhome and I lost my job because it required me to live onsite in the motorhome.

Mr. Light I just wanted to thank you so much for your timely and informative responses. You suggested I go through my comprehensive insurance, but unfortunately the motorhome was not insured at that time. The tow truck drivers only response to the accident was "this happens all the... Read more »

William John Light
William John Light answered on Apr 5, 2020

Ask them for the name of their general liability insurer and policy number. Contact the insurer and inform it you want to make a claim. Support your claim with evidence: photos of the pothole, photos of the damage, estimates for repair or total loss, documents establishing your loss of wages.... Read more »

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1 Answer | Asked in Car Accidents and Insurance Bad Faith for California on
Q: motorhome required to be my residence as campground mgr. was damaged due to tow truck drivers error while being towed.

Tow truck driver drove through a huge pothole in parking lot. Pothole could easily have been avoided. The underside of motorhome was ripped out, including the generator and plumbing. The motorhome could not serve as my residence due to the severe damage and I was unable to fulfill the... Read more »

William John Light
William John Light answered on Mar 13, 2020

It would be easier to make a claim with your own insurance and let it pursue the tow truck driver for whatever liability it could prove. If you don't have insurance, you can try to pursue the tow truck driver. If your damages are $10k or less, you can file in Small Claims and get a Judgment... Read more »

1 Answer | Asked in Insurance Bad Faith for California on
Q: How do I go about getting a court order to receive transcribed/taped phone conversations from my insurance company.

Concerning auto accident. Twice their agents told me they would defend me if I was sued as a result of an auto accident, and then their lawyers suddenly said they would not defend me. I would like a copy of those two conversations they recorded. They said I need a court order in order to release... Read more »

William John Light
William John Light answered on Mar 4, 2020

You will have to sue them and then serve a Demand for Production of Documents, specifying what it is you want them to produce to you. Contact a Bad Faith attorney to discuss.

1 Answer | Asked in Insurance Bad Faith for California on
Q: Unresponsive Travel health insurance from a university recommended provider and plan

Website is mostly down is the excuse- don’t answer emails or phone calls, the numbers provided on insurance card as well as on website mostly draw a blank as it mostly goes to a call centre who are always clueless and end up making any excuse and just ask to call later. This has happened like 5... Read more »

William John Light
William John Light answered on Feb 22, 2020

File a complaint with the Dept. of Insurance. insurance.ca.gov/01-consumers/101-help/

1 Answer | Asked in Civil Litigation and Insurance Bad Faith for California on
Q: I need a litigation lawyer to collect from an insurance Co. for several issues in the process. The policy is open

and the burden of proves are in my favor, but i am acting pro per and get into my level of incapacity or close.

William John Light
William John Light answered on Feb 11, 2020

It is unethical for attorneys to solicit your business by responding to your post. Please consider searching for "bad faith" attorneys, or even personal injury attorneys, and consulting with one or more to learn about your possible case.

2 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Q: Can car dealerships park their cars (say, 100) in private garages used for businesses? What if the damage your car?

There's a "Karen" in my office who thinks her car was damaged by a car that a dealership has parked in our work garage. They have around a 100 cars in there that they just move around from floor to floor once a week. She thinks it's illegal for them to use garage and that they... Read more »

Dale S. Gribow
Dale S. Gribow answered on Feb 6, 2020

more info needed.

you need more than "think" someone damaged your car.

I would bet there is a city ordinance/law precluding this.

contact your city council for an opinion........if you make enough noise the owner of the building may put their foot down too.

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1 Answer | Asked in Federal Crimes, Insurance Bad Faith, Internet Law and Sexual Harassment for California on
Q: 3 of us are being sued into silence for posting a man's misognistyic words publicly online. What can we do?

3 women are being sued into silence for posting a man's misognistic conversation publicly online when he basically openly says its ok to sexually harass women instead of giving them promotions. He has filed a restraining order against them, even though they haven't publicly talked about... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 25, 2019

Unfortunately this is not the place to solicit an attorney to work for you. You need to immediately locate and retain an attorney to defend yourself against these claims. Any delay in doing so might result in a default being taken against you and you will be prohibited from putting up a defense... Read more »

2 Answers | Asked in Insurance Bad Faith and Small Claims for California on
Q: Is it too late for me to hire a Personal Injury Attorney to negotiate my claim with insurance co.?

I was rear-ended in a car accident where my car suffered minimal damage (rear bumper had to get replaced) but my injuries were still significant (severe whiplash). Ultimately I was treated 23 times (19 PT sessions and 4 dr visits/urgent care). The claims adjuster does not believe my 19 PT sessions... Read more »

Alexander Bakhache Perez
Alexander Bakhache Perez answered on Nov 30, 2019

Is it even worth it is the question, the costs are going to be more than the case is worth at this time.

Do the small claims case on your own if you wish or just settle and offer the doctor half his bill and show him what is the offer.

Delay in treatment and not going the urgent...
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1 Answer | Asked in Collections, Health Care Law, Insurance Bad Faith and Insurance Defense for California on
Q: I have been wrongfully charged twice for medical visits and it has caused me a world of trouble, what to do?

I have now been wrongfully charged by a medical department through county services claiming I did not have adequate insurance coverage at the time to cover the expenses incurred.

I have tried unsuccessfully, now this second time around, to explain to them that I did in fact have coverage... Read more »

William John Light
William John Light answered on Nov 25, 2019

You may have claims for violations of the California Fair Debt Collections Practices Act. Contact an attorney to evaluate your potential claims.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Insurance company revoked my contract after a small accident, what can i do? More details below.

I had a small car accident a few weeks after getting car insurance. When i did the claim my insurance decided to revoke my contract and cancel my policy. Therefore making it seem like i was uninsured. Me and the other driver agreed for me to pay half of her deductible ($250) to settle it. But now... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 21, 2019

Without seeing your insurance company's correspondence, your application, accident documentation, one can only guess what is happening here. It might be that the other driver wanted to be nice and handle the matter as a first-party claim, after which her carrier's subrogation department... Read more »

1 Answer | Asked in Insurance Bad Faith for California on
Q: What should I do that my life insurance company didn't send me a check of money after I call to cancel my policy?

I had been continually paying my life insurance premium for more than 16 years before i called to cancel (surrender policy). I was told that the insurance company should have given me some kind of money in return after 16 more years of payment, but nothing happen!

William John Light
William John Light answered on Sep 8, 2019

Call customer service and find out whether you are entitled to payment and, if so, when it will be made.

2 Answers | Asked in Contracts, Insurance Bad Faith, Insurance Defense and Car Accidents for California on
Q: Can a auto insurance company hold your salvage title hostage?

I was in an auto accident 7/5/19 by someone who has Alliance United car insurance. They have 798 reviews on Yelp with 1 star. They totaled my 06 Acura TL that had little damage to its front end. The guy policy limit was $5000 and my car value was $7,800. I decided not to sue and told them to send... Read more »

William John Light
William John Light answered on Sep 4, 2019

To determine if your car is a Total Loss, you must follow the Total Loss Formula.

Total Loss Formula (in California) is Cost of Repairs + Salvage Value ≥ Actual Cash Value.

Salvage value is typically 25% of the Actual Cash Value (but each insurance company uses its own percentage,...
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