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California Insurance Defense Questions & Answers
2 Answers | Asked in Car Accidents, Insurance Bad Faith, Insurance Defense and Legal Malpractice for California on
Q: how long does it usually take to handle a stolen vehicle claim?

my car was taken from home 60 days ago. august 15th. they have had my vehicle in their custody for 60 days while im paying cash daily for a car rental and they will not/have not returned my calls or emails since on or about 9/14. my insurance which is full coverage (making payments) is paid through... Read more »

Neil Anapol
Neil Anapol answered on Oct 14, 2021

It depends. If the insurance company accepts the claim, and there is no dispute about the value of the vehicle, a few weeks at most.

If the insurance company suspects fraud and asks for your examination under oath, it could take several months, and the insurance company might eventually...
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1 Answer | Asked in Consumer Law, Insurance Bad Faith and Insurance Defense for California on
Q: I have a question about The Carmack Amendment.

I looked at the information in the link you sent. Thank you for responding.

First, I searched for "diminished", then for "only" in order to locate anything that states that property is only the physical article that was damaged and nothing else that is commonly also... Read more »

Leon Bayer
Leon Bayer answered on Sep 29, 2021

The Carmack Amendment is a 1906 revision to the Interstate Commerce Act of 1877, which regulates the relationship between shipping companies and the owners of goods under shipment. The Carmack Amendment limits the liabilities of these shipping companies, known as carriers, to loss or damage of the... Read more »

1 Answer | Asked in Insurance Defense for California on
Q: Insurance denied claim because driver was not listed on my policy, but they went ahead and paid for the other car's

damage and now 3 years later the insurance company is suing me for what they paid for other car's damage, am I responsible for this?

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Are you personally responsible for damage cause by an un-permitted driver of your car? Depends on what your policy says, but most likely yes. You should consult with a Personal Injury attorney near you and defend yourself against your own insurance company. Even if you are responsible you may be... Read more »

1 Answer | Asked in Contracts, Personal Injury, Insurance Defense and Small Claims for California on
Q: If loaner company knew I had a nonowners insurance policy does that mean they are held liable for any damage done tocar

They didn’t offer additional coverage, knew I had nonowners & loaned a vehicle. Vehicle was damaged & nonowner policy won’t cover it saying they should’ve never let me drive away with it. Am I responsible for the damages to the car? Or are they because of negligent entrustment?

Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

Normally "negligent entrustment" is when someone entrusts property to a third person who then injures you. Claiming to be the incompetent person to whom the property was entrusted is an interesting legal theory but it may not fly in court. You don't say how the car was damaged.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: My insurance underwriter wants me to update wiring in a 120 yo home.

I bought a home in Pennsylvania recently, and there is some residual knob and tube wiring. My insurance underwriter did not do any inspection (due to covid), but is now threatening to drop coverage based on my disclosure.

I have had the home inspected multiple times, all of whom said that... Read more »

John Karas
John Karas answered on Aug 24, 2021

This is a question to pose to an insurance bad-faith attorney in Pennsylvania.

1 Answer | Asked in Car Accidents, Civil Litigation and Insurance Defense for California on
Q: I accidentally let go of the brake in my car causing it to hit the gate of the parking structure, is that a hit and run?

The manager & owner of the apartment complex want to call the police and say it is a hit & run. I offered to pay for the repair, but they don't want to do it that way. What should I do?

Dale S. Gribow
Dale S. Gribow answered on Aug 2, 2021

if while driving your car you cause damage you have to leave word on how to contact you.

Yes, technically it is a Hit and Run.

i assume your position is that you didn't see any damage and would not have known who to contact.......unlike hitting a car and leaving a note for the...
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2 Answers | Asked in Car Accidents and Insurance Defense for California on
Q: If I get into an accident while driving a company car while doing job duties will my personal insurance be affected?

I work for a self driving car company in the Bay Area and I got into an accident today where I was parking the company car during my shift and I accidentally backed up into a parked car. All collision procedures took place and I left a note on the car. There wasn’t much damage to either of the... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jun 13, 2021

Remember that insurance follows the car.....so the insurance for the car you were driving in, should control.

there is no law that you have to report the accident to your insurance co.

when it comes up for renewal, unless they ask, I would NOT volunteer the info.

if your ins...
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1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Medical Malpractice for California on
Q: is there a whistleblower reward available for reporting insurance fraud in california?

a business is allowing a doctors office to “recruit” patients on its premises. one of the managers is receiving a referral bonus (cash) for every employee that goes and has any procedure (bonus is from the dr office not from the employer). on top of that the doctors office offering new... Read more »

William John Light
William John Light answered on Apr 22, 2021

Insurance fraud is a crime, so contact the police. You can also contact the Medical Board, which licenses and disciplines physicians. dca.ca.gov/consumers/complaints/medbd.shtml

You can also retain an attorney to file your own lawsuit against the medical providers under the Insurance...
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3 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for California on
Q: Car insurance said that they will not be responsible to cover my at fault collision. Are they able to refuse?

They called me 4 days after I reported that I was in a collision and informing them that I was at fault. They said that they will cancel my policy and will not cover the accident because I did not report my 15 yr old brother as a household member and he was in the vehicle at the time of the... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 16, 2021

YOU NEED TO MAKE AN APPT WITH A LOCAL PI LAWYER TO DISCUSS THE MERITS OF A BAD FAITH ACTION AGAINST THEM. HAVE YOUR POLICY READY FOR THE LAWYER TO READ.

INS CO'S WILL LOOK FOR ANY REASON TO NOT PAY AND CLAIM YOU LIED OR DID NOT DISCLOSE ALL NECESSARY INFO REQUESTED.

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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Is a nursing home allowed to make changes to a residents insurance to meet the needs of the facility without consent?

A nursing home has made changes to my mom's insurance. My mom had Medicaid through the state of CA which was Health plan of San Joaquin. As of April 2020 , HPSJ was dropped and now she only has Straight Medicaid. I only found out after receiving bills from her Doctors telling me She owed for... Read more »

William John Light
William John Light answered on Feb 8, 2021

Any answer to this question would require a lot more information: medical records of your mom's condition in April 2020, documents showing the Home's authority to act on your mom's behalf, documents from HPSJ showing how the change in service was accomplished, research showing... Read more »

1 Answer | Asked in Contracts, Car Accidents and Insurance Defense for California on
Q: can an auto dealer be held liable for reporting new car purchase to buyer's insurance?
Yelena Gurevich
Yelena Gurevich answered on Dec 14, 2020

liable for what? why wouldn't the dealer report the purchase to insurance to protect their interest?

3 Answers | Asked in Car Accidents, Insurance Defense and Small Claims for California on
Q: Should I sue or threaten to sue a company that is dragging their feet in an accident related insurance claim?

To summarize - I am a CA resident. On a trip to Wisconsin, my rental car was hit (while parked and unoccupied) by a driver for Loomis Armored. The company admitted fault and said they would reimburse the rental car company. I do not have collision insurance or insurance with the rental car company.... Read more »

William John Light
William John Light answered on Dec 1, 2020

Your credit card company may offer free rental car insurance as part of your cardholder benefits. Find out and make a claim if possible.

Why would Loomis pay the rental car company? The rental car company was already paid by you. If Loomis owes anyone, it's you.

You have a...
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2 Answers | Asked in Insurance Defense for California on
Q: I had a dui in a vehicle that I was financing last year but my insurance company has the wrong date of the accident.

What can I do. I still owe 15 grand on it

Maurice Mandel II
Maurice Mandel II answered on Nov 3, 2020

Your question "What can I do?" is not very clear. Seems like you have already done enough, drove while under influence and got into an accident. Not clear what additional advice you want. Don't drink and drive, is one thing you can do for the future, but you already messed up the... Read more »

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1 Answer | Asked in Civil Litigation, Contracts, Insurance Bad Faith and Insurance Defense for California on
Q: My dentist refuses to abide to the insurance in-network contract and has charged me more than the allowance for braces.

The insurance has already called them more than once to inform them that there is an allowance but still they are overcharging me. A financial agreement was signed and the dentists stated on the agreement that those were the allowed insurance and treatment charges but it was all a lie and fraud. My... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 28, 2020

You could file such a lawsuit, but IMO what you really have is a run of the mill breach of contract suit against the dentist. This really is not something to be excited about, and it is not going to go to the Supreme Court. You should write a calm and polite letter to the dentist with a copy of... Read more »

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Do I have to release personal text messages to my insurance company for a claim?
William John Light
William John Light answered on Sep 12, 2020

You have a duty to cooperate in your claim. What that entails depends on the nature of the claim and what they are asking you to release. If this is an auto claim and they want to know if you were texting and driving, it would make sense for the insurer to ask about text messages. In that case,... Read more »

1 Answer | Asked in Insurance Defense for California on
Q: statue of limitations in California for auto insurance fraud
Maurice Mandel II
Maurice Mandel II answered on Aug 6, 2020

The standard fraud SOL is three years.

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5 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for California on
Q: I WAS IN A accident and their insurance is take full responibililty, do i let repair or take check and repair myself?

the insurance company gave me 2 opitions . take to their repair shop - get a rental , est and repair. only get rental if i take to their shop and get repaired there. 2nd opition is take my jeep to get est. - no rental and they issue me a check . that was all that was said please heplp

Louis George Fazzi
Louis George Fazzi answered on Jul 28, 2020

Are you aware that you are asking this question of California attorneys? Most lawyers admitted to practice in the state of California may not be licensed to practice in Colorado, and consequently should not offer you advice based on California law.

Secondly, you did not indicate where the...
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3 Answers | Asked in Insurance Defense and Personal Injury for California on
Q: in need of a lawyer that can help me with my case involving auto insurance that has not taken my claim into account.

I was involved in a car accident that i was not at fault. However, my auto insurance has not taken responsibility of my claim. It has been a while and I've tried contacting them but thus far i haven't gotten a response. I want them to pay for my totaled car and my ignored injuries. They... Read more »

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

You will have to call PI attorneys, or email them, directly. Attorneys are not allowed to contact you or solicit your business. If anyone responds to your post in this manner, run in the other direction. You do not want attorneys who break rules representing you.

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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!

6 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for California on
Q: I sold a vehicle on Craigslist, was negligent, & now I owe an insurance company 20k in damages?

I sold the vehicle, I had them sign their name and everything necessary on the pink slip, as well as my signature to release it, but forgot to remove and take the release of liability. The person has caused damages worth 20k yet I am liable. I have records of the conversation leading up to the... Read more »

Tyler Young
Tyler Young answered on Jun 11, 2020

Although insurance follows a vehicle, the driver is typically the person who is "responsible" and will be the named defendant in any lawsuit. Said another way, unless there are independent allegations against you (like you sold a defective vehicle etc...) you shouldn't be a party to... Read more »

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