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California Insurance Bad Faith Questions & Answers

1 Answer | Asked in Insurance Bad Faith for California on

Q: I got rear ended the insurance took fault and are getting me a rental, can i make them pay the deposit?

William John Light answered on Aug 20, 2018

Depends whose insurance is paying. If it's the other party's, usually it requires you to pay those expenses upfront and then reimburses you at the end. If it's your insurance, ask the adjuster. Unclear if the deposit gets refunded to you or is applied to your rental charges.

1 Answer | Asked in Contracts and Insurance Bad Faith for California on

Q: CA. My Ins. total car based on their $ value my shop is less by 1100.00 they denied bid. Ca. law gives choice of shop.

My Ins. requested I use their shop cost to repair to my son's car $3,166.00 their max Ins. value is estimated at $2,960.00 on car, ok, I have a quote from qualified body shop for less $2022.58 my quote was denied even after I suggested I sign waiver to release liability , my quote labor is less,... Read more »

William John Light answered on Aug 14, 2018

There is no bright line in CA as to a total loss. Usually, it is at 75% of the actual cash value of the car. You painting the care yourself doesn't mean that the cost of painting isn't included in the cost of repairs. It still has to be painted. You currently at 68% of ACV, and it probably goes... Read more »

1 Answer | Asked in Insurance Bad Faith for California on

Q: My health insurance cancelled my policy in the middle of treatment, Can i sue them? how can i get a probono?

William John Light answered on Aug 3, 2018

Contact some ERISA attorneys to discuss your case. It's a pretty specialized area of law. You won't get an answer on Justia.

2 Answers | Asked in Car Accidents and Insurance Bad Faith for California on

Q: hello my car experienced some water damage while at the dealership and my vinyl, upholstery and window are damaged.

The dealer is trying to deny the damage. But my car was not damaged before I took it there. Are they liable for fixing this? Is it worth seeking legal for the damages?

William John Light answered on Jul 21, 2018

If you have comprehensive insurance coverage, it will pay to repair the damage, minus your deductible. If not, you will probably have to sue the dealership for the property damage. Bring before and after photos, and estimate/receipts for repair.

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1 Answer | Asked in Employment Law and Insurance Bad Faith for California on

Q: MY TTD BENEFITS STOPPED FOR NO REASON.I HAVE OFFICIAL PROOF THAT SHES WRONG. CAN I FILE A CLAIM AGAINST MY EMPLOYER ..?

William John Light answered on Jul 14, 2018

If there is "no reason", how can "she" be wrong? To be wrong, "she" must have had a reason. It makes no sense.

You need to consult with a workers compensation attorney. Do a Google/Bing/Yahoo search for your area and make some calls; or, talk to your HR Dept.

1 Answer | Asked in Insurance Bad Faith for California on

Q: When am I able to go after money from the other person's insurance?

My company says I've reached my limits and I still have a lot of medical bills that need to be paid.

William John Light answered on Jul 6, 2018

If someone else is at fault, you are free to make a claim to their insurance at any time within the statute of limitations. If you cannot negotiate a resolution, you can file suit against the at fault person within 2 years of the date of the collision (assuming your case is an auto accident).

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on

Q: If i buy life insurance, then kill myself after 2 yrs or longer will they pay out the policy .

William John Light answered on Jun 15, 2018

It depends on the language of the policy. You would have to read it, or have an attorney read it. This is a very poor idea. Please reach out to a mental health counselor, your pastor/priest, and/or family members. Suicide causes immense pain for your loved ones.... Read more »

Q: What if you feel that you are a victim of a practice that was using you medical insurance for profit.

I need to know my right as a victims of crime and understand how to get my medication and I feel the doctors using me as a person who deals with many issues and then we go round and round and find that the doctor is just a crazy doctor who using people for his own profit from the patients. I have... Read more »

Dale S. Gribow answered on Jun 5, 2018

NEED MORE INFO

YOU MAY WANT TO CHANGE DOCTORS AND THEN REPORT THIS DOCTOR TO LAW ENFORCEMENT AND MED BOARD IF YOU HAVE THE EVIDENCE

1 Answer | Asked in Insurance Bad Faith for California on

Q: Had inventory loss and interior damage at retail store in Beverly Hills. Getting the run around from all ins. companies.

All insurance companies including landlord, roofing maintenance contractor and my own business insurance are passing the buck to each other.

Source was a cracked sky light and rain water entering the premises for 24 hours.

William John Light answered on May 29, 2018

For your own insurance company, you can either hire an attorney, or file a complaint with the State Insurance Commissioner. http://www.insurance.ca.gov/01-consumers/101-help/

If your landlord is in breach of the lease, you may have the right to withhold rent, or repair and deduct. Contact...
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1 Answer | Asked in Animal / Dog Law and Insurance Bad Faith for California on

Q: Pet insurance won’t pay my dog’s treatment due tu “pre-existent” condition.

My pet insurance refuses to pay for my dog’s treatment because they claim he had a pre-existent condition,1 month before the insurance was active. This was NOT the case. The insurance is denying the claims because the doctor who is treating him now, wrote on the medical record that my dog had... Read more »

William John Light answered on May 23, 2018

The policy will define "pre existing condition". It probably doesn't require a pre existing diagnosis. However, in determining whether the insurer is accurately denying coverage, you have to examine the actual language of the policy.

1 Answer | Asked in Insurance Bad Faith for California on

Q: If a claimant withdrawals a claim due to errors of the examiner in an interview will you loose all your benefits f

My husband died recently. I filed a claim for Surviving Spouse benefits. My income is larger than his. The examiner stated I qualify however because of GOP windfall I do not qualify. I applied under my own record of SSA which I am getting my benefits now for the last 2 years. On my record the... Read more »

William John Light answered on May 13, 2018

The Government Pension Offset (GPO), reduces Social Security benefits paid to spouses or survivors when the spouse or survivor earned a pension from a government job that was not covered by Social Security. The GPO reduction is equal to two-thirds of the amount of the pension payment from... Read more »

3 Answers | Asked in Car Accidents and Insurance Bad Faith for California on

Q: I am looking for a lawyer to help with a car accident insurance claim loss of vehicle.

What kind of lawyer should i look for I a have been trying for months to no avail and we need to get this settled and get a new car. My daughters car was totaled and she only had minor injuries. we are looking for help in getting the money for the car the insurance company has come back twice with... Read more »

Peter N. Munsing answered on May 4, 2018

First problem is valuation--unless you can get someone to say your daughter's "classic" is worth more than book that's all you get.

She has an injury claim and that would be the driver, but sounds like you /she may not have documented the injury.

Contact a member of CAOC. They give...
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2 Answers | Asked in Contracts and Insurance Bad Faith for California on

Q: Small Claims Court plaintiff loss

If I sue an Insurance Company that sold me a policy in California but their headquarters are in another state, do I pay their costs if I lose in Small Claims Court??

William John Light answered on May 3, 2018

The winning party can recover costs. That would include, for a defendant, the fee for filing an answer, and possibly a court reporter, if they requested one.

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1 Answer | Asked in Consumer Law and Insurance Bad Faith for California on

Q: Since California Small Claims court has a $10,000 limit, I am inquiring if I have sufficient cause to file a case.

I have an attachment with the timeline.

William John Light answered on May 2, 2018

You haven't posted any details about your case. No one can evaluate without facts.

1 Answer | Asked in Insurance Bad Faith for California on

Q: I contacted my insurance company a few days about about a claim - how long do they have to get back to me?

William John Light answered on Apr 27, 2018

The California Department of Insurance (CDI) published "Fair Claims Settlement Practice Regulations" under Title 10 of the California Code of Regulations.

Section 2695.5 sets out limits insurers must comply with when adjusting claims:

When an agent or other insurance representative...
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1 Answer | Asked in Insurance Bad Faith for California on

Q: The claim process has been going on for a while - at what point is it considered too long

- I feel like they are dragging their feet with my claim.

William John Light answered on Apr 6, 2018

Depends on the facts of the claim, the type of insurance policy, the amount of your claim, the proof you have submitted, the amount of your cooperation, whether you have an attorney, etc.

3 Answers | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for California on

Q: In Car Accident In Rental Car No Insurance

Hi I have a question. I was a car accident in a rental car I rented for spring break. My mom paid for CDW coverage, but it liability. I was seriously injured. But I had no liability. Would I have my license suspended? I'm in California BTW.

William John Light answered on Mar 12, 2018

Driving without insurance in California is a violation of California Vehicle Code Section 16020–16033.

First offense: Minimum fine of $100. Additional fees and penalty assessments will result in a total fine of about $450.

Second or subsequent offenses can result in fines totaling...
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2 Answers | Asked in Insurance Bad Faith for California on

Q: Rented car: damaged and claimed responsible for full payment even though so many things were not right?

just rented a car thru TURO (at USA) and I had a BIG problem. 1. the car i rentd was located in Burbank CA and I live about 20min from it, when I got there the car was provided to me late and even dirty and the owner was not there so some1 else helpd giv me the car, so then i took it to a car wash... Read more »

William John Light answered on Feb 18, 2018

Your agreement with Turo will govern. You should read it.

Ordinarily, the renter is responsible for damage to the vehicle during the term of the rental. If you have liability or comprehensive coverage of your own, you should notify it of the claim. If you don't have that coverage, you...
Read more »

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1 Answer | Asked in Insurance Bad Faith and Small Claims for California on

Q: I want to go to small claims court to the Insurance co. Do I tell them to take me or do I file to take them.

I hit a car at a market while backing out slowly and careful. I didn't have insurance. But there are circumstances leading. up to how this really happened. This was insurance fraud I was set up by the driver and another man.

William John Light answered on Jan 30, 2018

You would probably wait to get sued and defend yourself with evidence of the alleged fraud: photos of the cars, the parking lot, comparative quotes for repair of damage, witnesses, etc.

Q: MY insurance denied my claim. How do I go about appealing the decision?

My truck was stolen from My driveway and involved in a hit and run. The insurance company told me that they can't cover it under the comprehensive but that it would be covered under collision but I would have to admit to a dui. Why would any insurance company tell someone to lie? I have called and... Read more »

John Karas answered on Jan 22, 2018

Sounds like your insurance company doesn't believe you regarding the theft.

If you are unfairly denied the benefits under the policy, you sue the insurance company for bad faith.

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