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California Insurance Bad Faith Questions & Answers
1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Car Accidents for California on
Q: What are my options if my auto insurance claim was denied without a thorough investigation?

I was in a car accident where a lady backed out of her driveway into me as I was driving by, so her bumper dragged across my entire passenger side and took off my mirror. I called my insurance agent, who told me I was to reach out to the other party's insurance, so I did, and waited till after... View More

Dale S. Gribow
Dale S. Gribow
answered on Aug 26, 2022

contact a local PI lawyer................you were the victim.

any wits?

prepare a summary before you meet with the lawyer and bring pix

1 Answer | Asked in Insurance Bad Faith and Health Care Law for California on
Q: My husband had back surgery 1 year ago. Our insurance gave authorization but now have denied the claim. We have 67K bill

My husband has double insurance coverage. 1 policy through his work (Grossmont Union High School district) and 1 policy through my work (San Diego Unified School District). He went through my policy and was originally given authorization for the back surgery. Now the insurance company is sending us... View More

Tim Akpinar
Tim Akpinar
answered on Aug 26, 2022

A California attorney could advise best, but your question remains open for two weeks. One option is to reach out to attorneys who handle health care claims. First, try to compile a complete file on the denial and its supporting documentation, such as EOBs. Also put together all the documentation... View More

1 Answer | Asked in Personal Injury, Car Accidents and Insurance Bad Faith for California on
Q: Serving a witness interrogatories and following with a deposition if they refuse signing an affidavit? Is this the way?

Motorcycle accident. Police wrote the witness statement wrong. There’s evidence on the report in terms of location.

William John Light
William John Light
answered on Aug 22, 2022

Non-parties don't have to answer interrogatories. The witness can sign a statement under penalty of perjury, if willing, or you can serve a deposition subpoena, hire a court reporter, give notice to the opposing party, and take the deposition of the witness. I would not recommend that you do... View More

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Am I entitled to reimbursement if I had to purchase out of pocket to a medical supply company that is not in my network?

Because of a nation wide shortage of said medical device, I was forced to find this device on my own that was not within my Insurance network. If device wasn't obtained, I would have been placed out of work until device was obtained.

Tim Akpinar
Tim Akpinar
answered on Aug 21, 2022

A California attorney could advise best, but your question remains open for two weeks. Going strictly by the terms of the policy, it's possible you might not be entitled to reimbursement. No one here could know for certain. But these types of situations SOMETIMES have room for discretion on... View More

1 Answer | Asked in Consumer Law and Insurance Bad Faith for California on
Q: What consumer laws where broken when my insurance decided my personal property was business use and didn’t cover my loss

My engineering hobby has turned into an expensive hobby. On Jan 17th 2022 the owner of the building where i rent removed the roof during the rainy season and lots of my equipment was ruined. The insurance company did not honor my claim calling my equipment business related. My insurance was not for... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Aug 12, 2022

What I see from your fact pattern is you failed to protect the items knowing the roof was being removed OR there was no notice the roof was being removed and that puts the LL on the hook. On your issue re: your insurance, you can argue until the cows come home and you may win??? But, so far, as... View More

1 Answer | Asked in Insurance Bad Faith for California on
Q: Been 30 days since Auto Insurance approved a claim but not paid out, what happens now? California

May 27th, 22 My car was hit by a drunk driver while parked. I reached out to their insurance for a settlement. It has been over 30 days since they approved the claim. However, they still haven't paid out. I have provided them with Photos, police report, and police documentation # to request... View More

Neil Anapol
Neil Anapol
answered on Jul 7, 2022

These time limits you speak of (California Code of Regulations section 2695.7 do not apply to third party claims. The at-fault party's insurance company can simply refuse to pay. If that happens, your only recourse would be to sue the at-fault party. This is why it is almost always a... View More

1 Answer | Asked in Insurance Bad Faith and Car Accidents for California on
Q: Is non renewal of auto insurance like this allowed in California?

I had full coverage insurance. My policy was auto renewed last October and was on auto pay. I just found out they didn't renew it in April and have been without insurance for a couple months now and was involved in a fender bender (which is how i found out it was cancelled). I called to... View More

Ronnie Kashri
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Ronnie Kashri
answered on Jul 5, 2022

In order to answer the question, it requires more information such as if there was a broker/agent involved as well, the policy language, any autopay agreements, etc. However, I will say that an insurance company is obligated to provide notice of cancellation due to non-payment of premium, pursuant... View More

1 Answer | Asked in Insurance Bad Faith and Contracts for California on
Q: West coast insurance company is refusing to pay claim. It is a covered repair . What can I do? Need car back

I took my car to pep boys because it’s belt was screaming. Had evaluation for 19.99 which I paid. Got estimates for $731. This is a covered repair and we had paid for extended warranty 3000. So call west coast, aka protective to get authorization. They told me I should take the car back to seller... View More

Neil Anapol
Neil Anapol
answered on Jun 17, 2022

Unfortunately, automobile warranties are not considered insurance and there is no way to sue the warranty company for bad faith. At most, you have a breach of contract claim worth $731. Give the warranty company a reasonable chance to authorize the repair. If they do not, your best bet would be... View More

1 Answer | Asked in Insurance Bad Faith for California on
Q: My question remains, has there been lawsuits charging insurance companies with murder or attempted murder?
William John Light
William John Light
answered on Jun 10, 2022

No one knows the allegations of every lawsuit filed, but the answer to your question is "no." Lawsuits do not allege murder or attempted murder. The closest you would get to that would be a count for wrongful death. Whether there is a lawsuit for wrongful death against an insurer that... View More

3 Answers | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for California on
Q: Why my car insurance won’t pay the rest of my hospital bill after accident?

I was in a accident, the other driver was found 100% at fault. My hospital bill was $52,000. I was able to negotiate with the hospital to take off $14,000 leaving me with $37,000. The person Who hit me only had a bodily injury of $15,000. I have under insured bodily injury of $25,000 with AAA. My... View More

John Karas
John Karas
answered on Jun 9, 2022

I suggest that you consult with an attorney or law firm that specialize in Insurance Bad Faith in your area.

Be aware that they may or may not take on your case against your insurer on a contingency fee basis because of the relatively modest UIM policy limits but if the insurer refuses to...
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Q: Has Workers Compensation in California been sued and charged for murder or attempted murder?

Workers Comp Adjusters attend physician/doctor appointments and direct medical care. Those directions and restrictions on medical care are serious enough to cause death.

E.g. not authorizing evaluation and treatment for a serious skull and brain injury that is known to cause death if left... View More

Gary Alan Jackson
Gary Alan Jackson
answered on Jun 7, 2022

GET AN ATTORNEY! you cant fight back when you don't know the rules of engagement.

1 Answer | Asked in Family Law and Insurance Bad Faith for California on
Q: I believe my father forged my signature to obtain a insurance policy pay out as well as power of attorney over me

What kind of lawyer would I need for this case

Neil Anapol
Neil Anapol
answered on May 31, 2022

You need an insurance coverage lawyer. You did not supply enough detail to get into the specifics of your case, but it sounds like you might have recourse against the insurance company if it paid out based on a forged document and you did not get the money.

1 Answer | Asked in Insurance Bad Faith for California on
Q: Where can I find a lawyer for my auto insurance claim?

I am looking for a lawyer to help me resolve my auto insurance claim. I got my car stolen last august and retrieved it the same month. My insurance refused to total the car out because they claimed it was fixable. It’s been 9 months and my car is still not repaired. I want to know if there is... View More

Neil Anapol
Neil Anapol
answered on May 27, 2022

Whether or not you have a bad faith case against your insurance company comes down to a lot of details you did not provide. If you do have a case, you should be able to recover the entire rental car costs (not just the 90 days) plus other damages including financial damage, emotional distress,... View More

1 Answer | Asked in Civil Rights, Criminal Law, Federal Crimes and Insurance Bad Faith for California on
Q: Where do I report attempted break check insurance fraud caught on dashcam? Is there a civil matter here?

A driver cut in front of me and slammed on their brakes. My dashcam clearly shows no cars in front of me when this driver cuts and attempts to get me to hit their car. They then stop, and go trying to bait me and stop again with no cars in front of them where you can clearly see a green traffic... View More

Dale S. Gribow
Dale S. Gribow
answered on May 17, 2022

i think the police and department of consumer affairs are your best bets.

you can always sue someone but likely, no lawyer will take it on a contingency, and your only other avenue is small claims......but what are YOUR damages?

2 Answers | Asked in Civil Litigation, Copyright, Insurance Bad Faith and Personal Injury for California on
Q: What if I haven't got my mail an important documents that I never received and effected my life
Dale S. Gribow
Dale S. Gribow
answered on Apr 27, 2022

MUCH MORE INFO NEEDED.

DID THE POST OFFICE SCREW UP OR SENDER?

DID THE DOCUMENTS GET MIXED UP INSIDE OTHER MAIL YOU WERE THROWING OUT.

I JUST WENT THROUGH THIS TOO.

I WOULD GO TO THE POST OFFICE TO HAVE THEM LOOK INTO IT.

WE SENT OUT INVITATIONS TO AN EVENT,...
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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Based on previous question, is it okay that I have served insurance co. for small claims court first vs. mitagation co.?

Letters were sent to both Insurance co. and mitagation co. about appliances (outside) being ruined and asked for replacement payment. Both denied responsibility. The mitagation co. wrote back stating that they are not responsible and turned it back to insurance co. The reason why I decided to take... View More

Neil Anapol
Neil Anapol
answered on Apr 22, 2022

I would have sued both of them in the same case, and if they wanted to blame each other -- let them. They are both responsible for what happened. As far as you're concerned, it does not matter how you allocate the loss.

1 Answer | Asked in Consumer Law and Insurance Bad Faith for California on
Q: My Root Canal Dentist overcharged me 15 months ago. Am I entitled reimbursement plus interest?They earned interest on it

I told my dentist I had a Root canal dentist I knew was in the plan but they insisted I go to their guy who was their sister office; it turned out he was not in the plan and they tried to make me pay the full amount. I appealed and my dental plan paid the claim. It was then that we discovered... View More

Maurice Mandel II
Maurice Mandel II
answered on Apr 17, 2022

There is a law on the books since 2017 that says if you are being treated by a provider under a plan and get additional treatment from a non plan provider that the non plan provider must take the amount allowed by the plan. Consult with an attorney about this and google this for the California law... View More

1 Answer | Asked in Insurance Bad Faith for California on
Q: Who's at fault for not properly secure/protect appliances that were taken out kitchen after water burst?

Insurance company or water mitigation company who I hired? Water mitigation company wrapped up appliances and set them outside in backyard. However, insurance company never told me that I could have asked the mitagation company to put them into a storage locker while the repairs were done.... View More

Neil Anapol
Neil Anapol
answered on Apr 14, 2022

Both the mitigation company and the insurance company are responsible. The mitigation company because they should have known not to leave appliances wrapped in plastic in your backyard. Thus, they negligently caused the property damage. The insurance company has a duty under the insurance... View More

1 Answer | Asked in Consumer Law, Arbitration / Mediation Law, Elder Law and Insurance Bad Faith for California on
Q: If I was overcharged for a root canal 15 mos. ago Am I entitled to reimbursement plus interest? They earned interest.

I wanted to go to my root canal dentist who was in the plan but they insisted i go to their sister office; as it turned out he was nor in the plan and i had to appeal to get them paid.

Tim Akpinar
Tim Akpinar
answered on Apr 12, 2022

A California attorney could advise best, but your question remains open for three weeks. Nationwide, claimants do sometimes include interest in filing arbitrations for health care services (I cannot speak for California rules with AAA or other arbitration forums). But as a practical matter, it... View More

1 Answer | Asked in Civil Litigation, Insurance Bad Faith and Small Claims for California on
Q: Ice and snow fell on my vehicle at a business causing damage and their insurance saying not at fault. What can I do?

I was at a drive through coffee shop in Flagstaff, Arizona. It was warming up that morning and the ice and snow melted and slid off the business’ roof which ended up landing on top of my hood causing damage.

I filed a claim with their insurance (Chubb) and they came back and denied my... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 5, 2022

You may have a bad faith claim for denial of your claim, but it will likely depend on the terms in the business insurance policy. However, even if the insurance policy won't cover your loss, you may still be able to sue the business for negligence for your damages, but you will likely need to... View More

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