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The insurance company I am under received a 998 offer , it is within my policy limits but they want me to continue to fight the case. I want to settle this case and allow my policy to pay it. Can they ignore my request ,drag this case out to trial? Even though I will suffer the most damage in the... View More
![William John Light William John Light](http://justatic.com/profile-images/176287-1495772751-sl.jpg)
answered on May 28, 2024
The decision to settle or litigate belongs to the insurance company. If it exposes you to a judgment in excess of your policy limit, it might be responsible to pay the entire amount. You should probably send the adjuster a letter, certified mail, demanding that it, alone, be responsible for any... View More
The insurance company I am under received a 998 offer , it is within my policy limits but they want me to continue to fight the case. I want to settle this case and allow my policy to pay it. Can they ignore my request ,drag this case out to trial? Even though I will suffer the most damage in the... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on May 28, 2024
In California, a 998 offer (also known as an Offer to Compromise) is a settlement offer made by either party in a civil case, pursuant to Section 998 of the California Code of Civil Procedure. If the offer is not accepted and the party who rejected the offer fails to obtain a more favorable... View More
![T. Augustus Claus T. Augustus Claus](http://justatic.com/profile-images/1664706-1680212684-sl.jpeg)
answered on Jan 29, 2024
If you're being sued for an auto accident in California and you believe the claims against you are false, it's crucial to take specific steps to protect yourself legally. First and foremost, inform your insurance company about the lawsuit immediately.
They are typically obligated... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jan 26, 2024
If you are being sued from an auto accident in California and believe the claims against you are false, it's important to take immediate action. First, inform your auto insurance company about the lawsuit, as they are typically involved in defending against such claims under your policy. They... View More
My insurance company has left my totaled vehicle in my name without paying any necessary fees - now we have a lien. They have grossly failed in defending me as their customer in a few ways and I would like to know if there are any options in pursuing legal action against them. Happy to give more... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jan 3, 2024
Under California law, it is possible to pursue legal action against your car insurance company if they have failed in their obligations towards you as a policyholder. If your insurance company has not fulfilled its contractual duties, such as handling claims properly, paying necessary fees, or... View More
My insurance company has left my totaled vehicle in my name without paying any necessary fees - now we have a lien. They have grossly failed in defending me as their customer in a few ways and I would like to know if there are any options in pursuing legal action against them. Happy to give more... View More
![Tim Akpinar Tim Akpinar](http://justatic.com/profile-images/1223027-1537137006-sl.jpg)
answered on Jan 6, 2024
You could reach out to attorneys to try to set up a free initial consult. But in these types of cases, it isn't necessarily bad faith - sometimes, depending on the finance arrangements, it's a matter of having or not having gap insurance coverage as well as respective liabilities in the... View More
The tenant will be subletting out the rooms that she's renting. She also has a separate contract with the Landlord to be their property manager in this case. Would the Landlord still be liable for injuries to sub-tenants and their guests or damages to the property besides usual wear and tear?... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Dec 20, 2023
In California, while a tenant can agree to certain responsibilities in a lease agreement, a landlord cannot contractually waive all liability, especially in regards to injury or harm that may occur on the property. The landlord maintains certain legal responsibilities for the safety and maintenance... View More
Closed settled workers comp claim lifetime medical was linked to open w/c claim .I’ve been enforced leave of absence .Receiving pay . Open w/c claim allowed me back to work . Is this an offset where Sdi will consider a settlement coming in future and getting paid is it law must return it... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Sep 5, 2023
In California, workers' compensation benefits and settlements are generally independent of one another for separate incidents. A settlement from a previous workers' compensation claim, especially one made 9 years ago, would not typically be deducted from a new 2023 workers'... View More
Closed settled workers comp claim lifetime medical was linked to open w/c claim .I’ve been enforced leave of absence .Receiving pay . Open w/c claim allowed me back to work . Is this an offset where Sdi will consider a settlement coming in future and getting paid is it law must return it... View More
![Nancy J. Wallace Nancy J. Wallace](http://justatic.com/profile-images/1486668-1447124172-sl.jpg)
answered on Sep 4, 2023
If you collected State Disability payments for certain weeks then the Insurer PAID YOU disability for those same weeks, YOU have to pay the SDI money back to the state. If the insurer never paid you for the exact loss dates you collected SDI, then you don't have to pay back the state; it... View More
Defense not responding in timely manner. Really not trying to file suit but I will if have to. Any pointers on getting there attention?
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Sep 4, 2023
It's not uncommon for demand letters to be ignored or for the defense to delay a response, especially if they believe the sender may not follow through with legal action. To encourage a response, you may want to consider sending a follow-up letter via certified mail, which creates a record of... View More
Defense not responding in timely manner. Really not trying to file suit but I will if have to. Any pointers on getting there attention?
![Theodore Allan Greene Theodore Allan Greene](http://justatic.com/profile-images/125733-1503697405-sl.jpg)
answered on Sep 4, 2023
Yes it is common. If it's not done to there specifications they ignore knowing they have covered their you know what. I get clients coming to me with a short time until the statute runs because they thought the insurance company would treat them fairly. The insurance companies hope people... View More
Defense not responding in timely manner. Really not trying to file suit but I will if have to. Any pointers on getting there attention?
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Sep 4, 2023
Sometimes including a well-drafted petition prepared by an experienced and competent lawyer with a demand letter elicits a better response. It sends a message that you are prepared to follow through with a lawsuit if your demand is ignored and that you are willing to “put your money where your... View More
A PI came to my house from the other party insurance asking me to sign a paper stating that I was not injured or for damages.. in this accident I hit a car(Nissan) that hit a pedestrian and another car(Tesla). The Tesla insurance sent the PI to my house to sign this paper because they are suing the... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Aug 10, 2023
It's important to be cautious before signing any document related to a legal matter. Consult with your own attorney before signing any papers provided by the opposing party's insurance or their representative. Their interest may not align with yours, and you should fully understand the... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on May 6, 2023
Yes, it is possible for your clients to pay your LLC if you have a life insurance license in California. However, there may be certain regulations and requirements that you need to comply with in order to do so. It is recommended that you consult with a legal and/or financial professional who can... View More
A year ago I was in a minor hit and run accident. I had to see a chiropractor and was out of work for a few weeks. I went straight to the emergency room, so I also had a doctor bill. Mercury insurance has had a claim specialist working on this for a while now, they just got back my medical bill,... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Feb 20, 2023
There is no standard minimum amount you can expect to receive from an insurance company for a minor hit and run accident as each case is unique and depends on various factors such as the severity of the accident, the extent of the injuries, the amount of property damage, and other related costs.... View More
The insurance company sent it to me, I’m assume the document says I dont have assets.
If I do can I gift it away, is their anything I can do?
![Tim Akpinar Tim Akpinar](http://justatic.com/profile-images/1223027-1537137006-sl.jpg)
answered on Jan 4, 2023
A California attorney could advise best, but your question remains open for a week. One option is to consider discussing this with an attorney more thoroughly than is possible in the brief format of a Q & A forum. An attorney could review the terms of the insurance company's document, your... View More
![Dale S. Gribow Dale S. Gribow](http://justatic.com/profile-images/176824-1506618997-sl.jpg)
answered on Nov 22, 2022
a car accident lawyer, referred to as a Personal Injury Attorney.
call one local, though.
if there is an injury, and you were not at fault, most of us would accept the case on a contingency fee. That means the lawyer will only take a percentage of what he/she gets.
absent a... View More
My insurance company had already found me 100% liable without the chp report being released
What type of lawyer handles this type of case?
![Neil Anapol Neil Anapol](http://justatic.com/profile-images/153038-1444768970-sl.jpg)
answered on Nov 15, 2022
Its not clear what you are asking. Your insurance company has a duty to defend (retain a lawyer on your behalf) and indemnify you (pay any settlement or judgment up to the policy limit). If your insurance company is disputing coverage, you need an attorney who specializes in handling insurance... View More
My insurance company had already found me 100% liable without the chp report being released
What type of lawyer handles this type of case?
![James R. Dickinson James R. Dickinson](http://justatic.com/profile-images/1669022-1685484689-sl.jpeg)
answered on Nov 15, 2022
That's odd. As Mr. Anapol has stated, insurance companies generally have a duty to defend. If the insurance company is denying coverage, speak with an attorney handling insurance coverage or bad faith litigation. [I litigate cases. Anything posted here must not be construed as legal advice,... View More
I am receiving maximum unemployment benefits since I was laid off from work. I now have the opportunity to take up a part time job in a new field working 8-16 hrs a week. Could I take this job without loosing or reducing my benefits since I would only be making $7-14k/year compared to 80k/year... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 18, 2024
Under California law, you may be able to take on a part-time job without losing your unemployment benefits entirely. California allows individuals receiving unemployment benefits to work part-time and still receive partial benefits, as long as your earnings do not exceed a certain threshold.... View More
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