Get free answers to your Insurance Defense legal questions from lawyers in your area.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
I was involved in a hit-and-run incident where my car was hit on the left rear panel. Despite my attempts to signal the other driver to stop, she fled the scene. I managed to take a live photo showing her license plate and her driving away, then called 911. I was instructed to stop following her... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2025
Under California law, you have the right to request amendments to a police report that contains inaccuracies or omissions. You should promptly file a supplemental statement with the law enforcement agency that prepared the report, detailing the omitted information about your attempts to signal the... View More
Fui víctima de un crimen cuando la policía perseguía a un delincuente, y dispararon hiriendo a mi automóvil mientras conducía. Sufrí cortaduras por los vidrios rotos y la ciudad me envió una documentación de reclamo, pero no la he completado porque no tengo el reporte policial y no tengo... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2025
Opciones legales tras daños y lesiones en el vehículo causados por la policía
Ha experimentado una situación compleja relacionada con la actuación policial que resultó en lesiones personales y daños materiales. Su prioridad inmediata debe ser obtener una copia del informe... View More
I was in an accident a couple of months ago where the other party took full accountability, and I settled for the maximum compensation. The other party had minimum coverage, and my auto insurance wasn’t as comprehensive as I thought, so I couldn't get tow or storage fees covered. My... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2025
Sharing your medical billing information with your auto insurer in California can feel risky, but in many cases, it’s a standard part of the process when they’re assessing whether they can provide additional support—such as covering expenses through MedPay or underinsured motorist coverage.... View More
I was supervising some teenagers at an e-bike store, and with verbal consent, allowed a 14-year-old to try an e-bike meant for 16-year-olds. During dismounting, he hit someone, and that person's parents are being sued. If they decide to sue me as the supervising adult, will my homeowner's... View More
answered on Mar 29, 2025
Your homeowner's policy will probably not cover you for business liabilities. The general liability policy of the e-bike store should apply.
I am located in California, and my lease mentions renter's insurance, but I didn't pay much attention to it at the time. I recently discovered that my landlord has taken out renter's insurance in my name, pays the monthly premium, and charges me for it. However, I've also found... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2025
In California, landlords are legally permitted to require tenants to obtain and maintain renter's insurance while under the terms of the lease. Unlike some other states, California landlords are allowed to require tenants to obtain and maintain renters insurance while they are under the terms... View More
I've been involved in a car accident where there were no bodily injuries, only vehicle damage. At the time, I was using my cell phone and didn't mention it to the police. The only witnesses were myself and the other driver. I have not yet spoken to my insurance company, but the other... View More
answered on Mar 21, 2025
NEVER ever speak to the insurance company/agent from the other side...
My 90-year-old father-in-law's home in California was damaged years ago when a car crashed into it. The insurance company initially repaired the house, but cracks reappeared a year later, revealing only cosmetic fixes. Despite ongoing communication and documentation with the insurance agent,... View More
answered on Mar 28, 2025
It could depend on whether the damages could have been identified at the time of the original repairs, which might be difficult to determine at this point with all the subsequent repair work and passage of time. One option is to revisit the file with attorneys who handle insurance property damage... View More
In a 2024 Workers' Compensation lawsuit, an insurance lawyer presented my past work history from 2015 and 2023 against me, referencing civil code sec2015.010 code 5710, in an attempt to eliminate my current compensation. This seems to be because I did not accept an agreement to change my job... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 18, 2025
Dear concerned employee,
Unfortunately the code sections you provided have numerous applications and are quite fact based specific and best left to your attorney to interpret its application to your particular situation. This is why it is vital that you select an attorney to represent you... View More
I am currently in settlement negotiations related to a car accident, and the other party has requested a declaration of my assets, which is due on March 24th. I haven't agreed to any disclosure yet and am waiting for my insurance to arrange an attorney for this matter. Is there any legal risk... View More
answered on Mar 14, 2025
That is considered fraud and can be set aside in the event of a judgment against you. Your insurance company has a duty to resolve claims against you within the policy limit. You have no obligation to reveal your assets until a judgment is entered against you. Whether it is a good idea to do so... View More
Plumbing inside the condo unit above caused water damage to our rental unit below. The insurance company for the responsible party agreed in early October 2024 that their insured is responsible and requested repair estimates, which we provided on October 4, 2024. After allowing 2 months for payment... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2025
In California, you generally have a right to recover loss of use damages, including lost rental income, when another party's negligence causes damage that renders your property uninhabitable. These damages typically cover the reasonable amount of time it takes to repair the property, starting... View More
I was involved in a car accident where I hit high-pressure water pipes near a corner at a high school. Initially, no other cars were damaged, and we warned vehicles not to proceed. However, after us, several cars drove forward, guided by a school crossing guard, resulting in nine cars being damaged... View More
answered on Mar 19, 2025
I'm sorry about your accident. In terms of a liability percentage you ask about, it could be helpful for attorneys to know more about the setting, the structure, its vulnerabilities, protective measures, and warnings implemented - that could involve technical expertise, based on recommended... View More
I have an owner's title policy, and I initially designated a third party to communicate with the title insurance company on my behalf, as they are most familiar with the title concerns and filed the claim for me. Although the title claims agent initially accepted this arrangement, they later... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 7, 2025
Yes, you generally have the right to designate a third party to communicate with your title insurer on your behalf in California. This right falls under basic agency principles and is supported by California insurance regulations that allow policyholders to appoint authorized representatives. Your... View More
I received a letter today from an insurance company claiming that I was found at fault for an 'accident' that happened three months ago at a car wash. I had to brake to avoid a roller that was about to hit me, which led to a car hitting me, and a third car hitting the second car. There... View More
answered on Mar 30, 2025
You could request documentation supporting the damages claim - estimates, photos, etc. As my colleague points out, it could be worth considering discussing with your carrier if the claim is pressed. It's also possible your carrier could have better chances of obtaining the video if it... View More
I was involved in a car accident on February 1, 2024, which my insurance company says was my fault, but I disagree. I didn't dispute their decision at the time, and now they say I can't contest their fault determination anymore. The claimant is asking for $195,000, but my insurance policy... View More
answered on Mar 2, 2025
Yes, you can. My guess is that they're going to pay up to the policy limits, and that they made a decision it doesn't make financial sense to invest the investigative resources to make a detailed determination. Gather your evidence to support your position, as my colleague correctly... View More
I was in an auto accident resulting in severe injuries and a counter-suit against me. There have been communications regarding limited insurance funds currently held by the court. I have submitted responses to interrogatories, special interrogatories, and RFPD, and I also sent interrogatories to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2025
In California, you generally can file a motion to request access to insurance funds held by the court before trial, especially if liability coverage is limited and multiple parties have claims. Such a motion is often referred to as a motion for disbursement or interpleader funds, depending on the... View More
I have comprehensive coverage on my car, which promises market value replacement for theft. However, after my car was stolen during transport from California to New York, my insurance company is looking to possibly limit liability to $50,000 instead of paying out due to theft. We hired two... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2025
It sounds like you’re dealing with a complicated situation, especially with the confusion about your insurer's actions and the involvement of multiple parties. Normally, comprehensive insurance covers theft, regardless of where it happens, including during transport. However, some policies... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
