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California Insurance Defense Questions & Answers
Q: Being sued for lack of insurance in a company vehicle

I am being sued by a plaintiff's insurance company for not having insurance while driving a company vehicle. However, the company is not taking responsibility for the insurance issue. The company hasn't given a clear reason for its refusal to take responsibility. There was no explicit... View More

William John Light
William John Light
answered on Oct 31, 2025

You aren’t being sued for not having insurance. More likely is that you were in a collision and are being sued for that. If you were driving a company vehicle or were in the course and scope of employment, your employer is required to indemnify you for any liability you incur under Labor Code... View More

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2 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for California on
Q: How does claiming insurance work after an uninsured motorist accident in California?

In California, if an uninsured motorist hits me—an insured motorist—and I prefer not to take legal action but wish to claim insurance, what is the process? Does it require a police report? The incident happened in Northern California during the daytime, resulting in minor external damage to my... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 25, 2025

A police report is not required to make an insurance claim. But, where there is damage over $1,000, in California you are required to file a report SR-1 with the DMV.

To make a claim, you simply submit the facts to your insurance company. Warning, if you were injured, you would be wise to...
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2 Answers | Asked in Criminal Law, Car Accidents, Insurance Defense and Personal Injury for California on
Q: How to approach a hit and run case with reported stolen vehicle and valid DL/insurance?

I am dealing with a situation where a person may have committed a hit and run, but they had a valid driver's license and insurance. The incident occurred on October 8th, and the person reported their vehicle stolen after the incident took place. There might be a few witnesses, but I'm... View More

William John Light
William John Light
answered on Oct 11, 2025

Make a claim with the owners insurance company. It will decide whether it wants to contest whether the owner was driving, or whether the driver had the owners permission. After the fact reports of vehicle theft might not be very credible. If you are injured, get medical attention, and hire an... View More

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2 Answers | Asked in Car Accidents, Consumer Law, Insurance Defense and Personal Injury for California on
Q: Is not receiving a reply after providing insurance info in a minor parking lot accident a liability issue?

In July 2024, I was involved in a minor parking lot accident where I accidentally scratched a car at a grocery store parking lot. I provided my driver’s license and later texted my insurance information to the car owner, but did not receive a reply. I am worried that I was given a wrong... View More

Tim Akpinar
Tim Akpinar
answered on Nov 1, 2025

It sounds like you've fulfilled your due diligence. You've made a good-faith effort to work with the other side. In terms of future liability, you don't have control over what the other side might do. Since it was a minor scratch that occurred over a year ago, it's possible the... View More

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2 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for California on
Q: Who is liable if a truck tire blows out and hits my car in California?

A truck was being driven when its tire blew out and hit my car. I have a police report documenting the incident, and I have also contacted the truck driver’s insurance company. Who is liable in this situation?

William John Light
William John Light
answered on Oct 9, 2025

Maybe the truck driver, his employer and the vehicle owner. Maybe no one. The trucking entities have an obligation to do a pre-trip safety inspection. If the tire was worn, or showed signs of failure, and he drove on it regardless, the trucking entities have some explaining to do. If the truck... View More

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2 Answers | Asked in Consumer Law and Insurance Defense for California on
Q: Is it legal for my home insurance to ask for phone records for a water leak claim?

I have been dealing with my home insurance regarding a slab leak that occurred in May. The insurance company has asked for various pieces of information, and they're now requesting my phone records. I reported the claim initially through email and have been working with KPC Water Restoration,... View More

William John Light
William John Light
answered on Oct 1, 2025

It is not illegal. Without knowing specifics, it sounds like the insurer may suspect that your water leak was not "sudden and accidental" (covered), but was ongoing (not sudden or accidental and not covered).

Your insurance contract includes a duty to cooperate with the insurer...
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3 Answers | Asked in Consumer Law, Insurance Defense and Personal Injury for California on
Q: Options if insurance settlement offer is inadequate and salvage responsibility is unfair.

I had my parked 2010 BMW 750 LI twin turbo totaled in an accident in the San Francisco Bay Area. The General insurance company hasn't given a formal offer but wants me to handle the car's salvage, which I disagree with. They also didn't cover my rental car expenses in the initial... View More

Anton Abramyan
Anton Abramyan
answered on Oct 27, 2025

Option A: You should contact a vehicle appraiser and consider retaining their services to assist you with this matter.

Option B: You must demand the reasoning that the insurance company is providing to you as to why the value of your car is based on a salvage title. Next, if the insurance...
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5 Answers | Asked in Personal Injury and Insurance Defense for California on
Q: Seeking personal injury attorney for accident in Yermo, CA involving a commercial semi tow truck.

I need to find a personal injury attorney who practices in both California and Nevada. I live in Las Vegas, but the accident occurred in Yermo, CA. The insurance company has classified the incident as a comprehensive accident with injury. It involved a commercial semi tow truck. Currently, there is... View More

William John Light
William John Light
answered on Sep 24, 2025

You haven't described the collision, so we don't know who is at fault, and you haven't described your injuries. However, if you went to the ER, it's worth looking at. For your case to have real value, your injuries need to be serious enough that you require treatment after the... View More

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3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for California on
Q: Liability for rental car accident caused by friend in CA?

I rented a car and named a friend as an additional driver in the rental agreement. While we were on vacation, he caused an injury accident. We both have personal auto insurance that covers rental cars. Who is liable in this situation?

Tim Akpinar
Tim Akpinar
answered on Oct 20, 2025

Your friend is liable as the operator. However, you can also be held liable as the renter. It could depend on the terms of your agreement. It's possible the other party's attorney could pursue both of you, to cover their bases in terms of securing coverage, whether through primary or... View More

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2 Answers | Asked in Car Accidents, Consumer Law, Insurance Defense and Personal Injury for California on
Q: Received a demand for $15,000 after a car accident where I wasn't at fault. What can I do?

I was involved in a car accident at a 4-way stop intersection in June 2025. I was the only car at the stop sign when I arrived, and after stopping, I proceeded to cross the intersection. The other driver stopped after I did and hit my car on the back tire and side fender as I was more than halfway... View More

John Rajaee
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answered on Sep 8, 2025

Based on your description, it appears the other driver was responsible for the collision, as witnesses confirmed, and you had the right of way at the intersection. The absence of a police report doesn’t automatically determine fault, but it can make documentation and evidence even more important.... View More

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4 Answers | Asked in Car Accidents, Personal Injury and Insurance Defense for California on
Q: Who might be at fault in a driveway exit accident with overtaking truck in California residential area?

I was driving out of my driveway onto a residential street with a 25 mph speed limit. After checking both directions, I drove out behind a car parked parallel to the road. About 5 seconds after being on the road, a truck that was trying to overtake me on the lane designated for opposite traffic hit... View More

John Rajaee
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answered on Sep 8, 2025

It’s understandable to be concerned about liability given the circumstances. Based on your description, fault in California car accidents depends on several factors, including the rules of the road, driver behavior, and comparative negligence.

When entering a roadway from a driveway, you...
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2 Answers | Asked in Car Accidents, Insurance Defense, Consumer Law and Personal Injury for California on
Q: Concerns about insurance after excluded son crashes co-owned truck.

I am concerned about a recent accident involving a truck co-owned by my son and me. We took out a loan together, but the insurance through AAA explicitly excludes my son from coverage. I knew he was excluded, but he did not. Despite this, he drove the truck and was involved in an accident in... View More

John Rajaee
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answered on Aug 19, 2025

When a driver is specifically excluded from an insurance policy—as your son is under the AAA coverage—that exclusion typically means the policy will not provide liability or collision protection if he is behind the wheel. Because you co-own the truck and knew about the exclusion, there could... View More

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2 Answers | Asked in Consumer Law, Insurance Defense and Personal Injury for California on
Q: Responsibility for e-bike accident damages denied by insurance in California.

My 14-year-old grandson was riding my Class 3 e-bike without permission in an unauthorized area and accidentally hit a parked truck, resulting in $4,300 in damages. My homeowners insurance denied the claim, stating that the e-bike is considered a motor vehicle and is not covered. The e-bike does... View More

William John Light
William John Light
answered on Aug 8, 2025

It is more likely that the parents are liable. If the grandson's action were without permission, you would ordinarily not be liable. There is the concept so implied permission for members of the family household, but that is a factual question that depends on all of the circumstances.

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3 Answers | Asked in Car Accidents, Consumer Law, Insurance Defense and Personal Injury for California on
Q: Am I liable for property damages after avoiding minor's e-bike accident?

Last month in Riverside County, California, we had a traffic incident where a minor on an e-bike ran a stop sign. To avoid the minor, we moved to the right, resulting in a minor collision with the minor and damage to a property fence and a light post. The owner, who also owns a nearby vehicle with... View More

Eliza Jasinska
Eliza Jasinska
answered on Aug 10, 2025

Based on your description, liability appears hard to establish against you since the minor ran the stop sign and your insurance already found you 0% at fault, making the owner’s claim difficult to pursue successfully. However, if the owner files a lawsuit, you would still need to defend it, so... View More

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3 Answers | Asked in Car Accidents, Consumer Law, Insurance Defense and Personal Injury for California on
Q: Am I liable for property damages after avoiding minor's e-bike accident?

Last month in Riverside County, California, we had a traffic incident where a minor on an e-bike ran a stop sign. To avoid the minor, we moved to the right, resulting in a minor collision with the minor and damage to a property fence and a light post. The owner, who also owns a nearby vehicle with... View More

William John Light
William John Light
answered on Aug 7, 2025

This is 100% the responsibility of your insurance company to fight. If you decide to pay out of pocket, you are violating your insurance contract with your insurer. Stay out of it. If you get sued, the insurer will appoint an attorney to defend you, and that attorney will likely file a... View More

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2 Answers | Asked in Wrongful Death, Legal Malpractice, Insurance Defense and Personal Injury for California on
Q: Did I inadvertently waive my rights to a survivor's claim in a wrongful death settlement?

I signed a wrongful death settlement agreement related to an underinsured claim with my insurance company, which included waiving my rights to a survivor's claim. I was unaware of this survivor's claim prior to signing, and my lawyer at the time did not inform me about it even though we... View More

Eliza Jasinska
Eliza Jasinska
answered on Aug 6, 2025

It always depends on the exact language of the settlement agreement and your state’s wrongful death and survivor claim laws. If the agreement included a broad release of all claims, you may have waived the survivor’s claim, even if you weren’t aware of it. However, if the survivor’s claim... View More

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6 Answers | Asked in Car Accidents, Consumer Law, Insurance Defense and Personal Injury for California on
Q: Car accident after tire replacement, insurance claim delayed; need help dealing with tire shop and insurance.

I borrowed my father’s car to replace the rear passenger-side tire and took it to a local tire shop, where they replaced the tire. Less than 9 miles later, as I made a turn near my father's home, I heard a strange noise, and the car skidded, striking a power pole and flipping down a hill.... View More

David W Gammill
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answered on Jul 31, 2025

When you've got a car that goes sideways less than 9 miles after a tire replacement and ends up down a hill, that's not just bad luck - that's somebody's screw-up. And when an insurance company starts throwing around words like "liability investigation" and puts your... View More

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2 Answers | Asked in Car Accidents, Consumer Law, Insurance Defense and Personal Injury for California on
Q: What should my grandson do about demands after uninsured accident in CA?

My grandson's car insurance has lapsed, and he was involved in an accident on a busy street where another driver tried to pass him and hit his front end on the driver's side. There were no injuries, but they exchanged information at the scene, and my grandson took photos of the damages.... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 30, 2025

From your description it sounds like your grandson (who should be acting like a responsible adult and asking his own questions to solve his problems) was in a vehicle collision, not at fault. The other uninsured driver's demands for payment do not expose grandson to legal liability. The fact... View More

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2 Answers | Asked in Criminal Law, Internet Law and Insurance Defense for California on
Q: Can I get in trouble for recording a call with an insurance agent without their knowledge?

An insurance agent from the insurer of the person who hit my car told me over the phone that they wouldn’t cover the damages because the driver was an Amazon Flex driver. I requested an email explaining this, but he refused, saying they sent a letter stating they wouldn’t cover it, although the... View More

Adam Stoddard
Adam Stoddard
answered on Jul 29, 2025

California is a two party consent state. Recording someone without their consent is illegal and can result in criminal charges, including fines and imprisonment, and can also lead to civil lawsuits from those whose conversations were illegally recorded. Additionally, if you attempt to use the... View More

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3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for California on
Q: Is the responsible party liable for all damages in a parked car accident?

My parked car was involved in an accident and was in great condition before the incident. There is both photo and video evidence available, and the police report can be obtained. The car had two people inside during the accident. Upon initial contact, the insurance company wants to total the car.... View More

William John Light
William John Light
answered on Jul 15, 2025

If your car is being totaled, you are being compensated for all damages. It means you are being paid the fair marked value for your car, not the cost of repair, and you are signing title over to the insurance company. If you disagree on the fair market value of your car, you will need to hire an... View More

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