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California Insurance Defense Questions & Answers

1 Answer | Asked in Insurance Defense for California on

Q: The insurance company is offering to settle my case but I’m not sure if their offer is reasonable. How do I know?

Louis George Fazzi answered on Jan 12, 2018

Add up all your out-of-pocket medical expenses, such as Dr. bills, pharmacy bills, and other expenses related to treating your physical injuries; add up the lost income you suffered resulting from the loss of time from work; calculate the value of the pain and suffering you have experienced; then... Read more »

3 Answers | Asked in Personal Injury, Civil Litigation, Collections and Insurance Defense for California on

Q: Can I vacate or set aside a default Judgment that was entered 9 years ago, if I was not properly served?

Dale S. Gribow answered on Nov 22, 2017

the answer would be face on the facts...........when you say properly what happened?

how were you served?

did you evade service?

did you move and not leave forwarding?

you can always make a motion to set aside and the judge based on the facts presented will decide...
Read more »

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2 Answers | Asked in Insurance Defense, Construction Law and Real Estate Law for California on

Q: Condo flooded by upstairs neighbor kitchen remodel.

Owner, contractor, and HOA insurance all notified but each claim the other shares liability. What are my rights as a third-party claimant? My own insurance does not fully cover the loss. Someone else is responsible. I don't want to start reconstruction until I have money to reconstruct.

Gerald Barry Dorfman answered on Nov 20, 2017

Not sure what your theory is against the HOA - if there is one, they can be included in a lawsuit. Otherwise, you can sue the upstairs neighbor (and their contractor since you've already uncovered who they are). The insurance companies have a duty to try and settle a loss after liability has... Read more »

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2 Answers | Asked in Insurance Bad Faith and Insurance Defense for California on

Q: I just lost my home and everything I own due to the wildfires in Santa Rosa. Insurance company is asking for a lot!

Homeowners Insurance company is asking for a lot. They want me to create a spreadsheet of thousands of items, describe each of them, document their age and put a value on it. This will take months of full-time work. I am wondering if I can just ask for a percentage less of what they owe and not... Read more »

Gerald Barry Dorfman answered on Oct 13, 2017

Unfortunately, that won't do it, although you may be able to handle the necessary paperwork in a way that takes a lot less time than you anticipate. The amount of coverage really doesn't determine the amount of your claim, except to put a cap on it. Of course, if you have $400K in coverage, own... Read more »

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1 Answer | Asked in Car Accidents, Criminal Law, Insurance Defense and Personal Injury for California on

Q: Ok I have counsel for defense in no fault no insur and no lic. Car accident. How will it play out

I was on my way to wrk and can show intent of good faith i was in the very process of getting my insurance literally my broker was texting me the rates at the exact same time i was in the accident what effin luck I have my lawyers firm wouldnt havent anyone to my house if they didn't think i had a... Read more »

William John Light answered on Oct 11, 2017

Ask your attorney. You are paying him. The rest of us are internet strangers to you. Why would you come to us?

1 Answer | Asked in Traffic Tickets, Car Accidents and Insurance Defense for California on

Q: Insurance denied the claim based on the pictures they have from the police.My witness contradicts it.Do I have a case

My truck was sideswipe by another truck. No damage on his. No injury. IT was a 3 lane traffic I was on a left lane only traffic, he was on the middle lane. I was moving towards the intersection to make a left turn and did not see the truck to my right also was making a left turn until I was hit in... Read more »

William John Light answered on Oct 5, 2017

It depends on the witness and all of the facts. The insurer should talk to the witness if it hasn't already and make a determination. If the insurer's denial is final, you can sue the other driver in Small Claims court. Bring the photos, police report, estimate for repair of the damages, and... Read more »

1 Answer | Asked in Insurance Defense for California on

Q: What do I do if insurance lawyers in a car accident suit reached out to me as the opposing party to discuss settlement

options? I'm represented by a different attorney.

Gerald Barry Dorfman answered on Sep 19, 2017

Attorneys are forbidden by the rules of professional conduct from contacting people regarding a matter in which the person is represented by counsel. You should inform your attorney of this attempt.

2 Answers | Asked in Personal Injury, Car Accidents and Insurance Defense for California on

Q: E age 15 was driving her grandfather's vehicle with permission and was involved in a T-bone collision .

They are both CA residents. The collision happened on a country road in Nebraska.

The adjuster wants to talk to the driver. What should she be concerned with? She was not cited.

William John Light answered on Aug 24, 2017

If it's the adjuster for the insurer of the car she was driving, she has an obligation to cooperate. If it's the adjuster for the insurer of the other car, she should not give a statement without consulting with a Nebraska attorney. Regardless of which adjuster it is, if and when she speaks, she... Read more »

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1 Answer | Asked in Criminal Law, Insurance Bad Faith, Insurance Defense and Personal Injury for California on

Q: Will I have a hit-and-run on my driving record if I was not convicted, but my insurance company paid the claim?

Lets suppose I enter a plea agreement that dismisses a hit-and-run charge.. However, my insurance company paid the hit-and-run claim or the personal injury claim.. Will my driving record be affected?

William John Light answered on Aug 3, 2017

Your driving record will show a collision resulting in bodily injury. It is entirely your insurer's right to determine whether to pay a claim and how much to pay, even if it affects your driving record.

2 Answers | Asked in Insurance Defense for California on

Q: I was in a car accident and subsequently sued by the other driver. My insurance company gave me information about an

attorney I'm supposed to speak to in order to defend me, but does this attorney actually represent me and have my best interests in mind, or are they beholden only to my insurance company?

Gerald Barry Dorfman answered on Jul 29, 2017

They represent you. You are their client, although the insurance company is paying the bill.

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1 Answer | Asked in Insurance Defense for California on

Q: What's the next step? I'm a contractor that just got a letter from a client about a "supposed" construction defect?

Ali Shahrestani, Esq. answered on Jul 8, 2017

Review it with a lawyer. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my... Read more »

2 Answers | Asked in Insurance Bad Faith, Insurance Defense and Car Accidents for California on

Q: Can I sue an at fault driver's insurance for new parts?

I was hit by another driver. The dealership will only honor my lease if it is repaired there. The other driver's insurance is saying they will only pay for aftermarket parts, and not the new ones the dealership will use. Can I sue them for the difference?

William John Light answered on Jul 5, 2017

Ask the dealer for the lease language that says you must repair the vehicle at its shop. If that is indeed a requirement, then get it fixed there. If the other driver's insurance won't pay, sue in Small Claims court. You cannot be forced to purchase aftermarket parts, regardless of its policy... Read more »

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1 Answer | Asked in Health Care Law, Insurance Bad Faith and Insurance Defense for California on

Q: How to dispute a bill when a clinic changes doctor and doesn't inform that new dr doesn't accept insurance

Wife went to eye doctor, checked with insurance about clinic, checked with clinic about insurance everything okay. First visit to doctor was okay, insurance paid their portion we paid ours, 2nd visit clinic did procedure on wife, they had a different doctor do it. No one at the clinic informed us... Read more »

William John Light answered on Jun 15, 2017

You can always negotiate. However, you do owe for the service, regardless of insurance.. The insurance info is usually posted in the doctor's office. Wouldn't hurt to check.

1 Answer | Asked in Insurance Defense for California on

Q: What laws govern insurance companies - is it federal law?

Ali Shahrestani, Esq. answered on May 16, 2017

There are federal and state laws that apply. What type of issue do you have? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and... Read more »

1 Answer | Asked in Car Accidents, Civil Litigation and Insurance Defense for California on

Q: Can my insurance deny my claim ?

I am being charged with a DUI but not yet convicted. I have a criminal defense attorney defending my case who might get the charges dropped or lowered. My insurance has denied my claim in regards to my policy which states: While the insured auto is being used in the commission of a crime .This... Read more »

Louis George Fazzi answered on Mar 10, 2017

Your question is loaded with issues, but not a lot of background information about the claim itself.

The short answer is: it depends. What kind of claim did you make? For car repairs? Something else?

Insurance policies have many parts to them. There are first the insuring clauses....
Read more »

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on

Q: Can an insurance company deny a claim so insurer can fix the damage themselves to avoid paying the deductible?

I live in a HOA, recently while raining my roof leaked and caused lots of damage. I called the property insurance company to file a claim. Today I received an email for the HOA stating that the insurance company advised them they had a $5,000 deductible and it would be in their best interest to... Read more »

Ali Shahrestani, Esq. answered on Mar 6, 2017

Are the repairs you're being asked to make your contractual duty to the HOA, and are such repairs logically required to be completed so that the roof can be fixed? Or is there no physical causal connection between the two? More details are necessary to provide a professional analysis of your issue.... Read more »

2 Answers | Asked in Insurance Bad Faith, Insurance Defense and Car Accidents for California on

Q: Can an auto insurance company make you pay more than your deductible after a wreck?

Ali Shahrestani, Esq. answered on Feb 16, 2017

Were you found to be at fault? Did your insurance coverage apply to your liability? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials,... Read more »

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1 Answer | Asked in Insurance Defense and Consumer Law for California on

Q: My vehicle was stolen, do i need an attorney present to be examined under oath by insurance attorneys at their office

I've already given two seperate recorded statements and one written, this claim has gone on for months and today i recieved notice from the insurance company's attorneys that im scheduled to be examened under oath at their law office, i need advice

Ali Shahrestani, Esq. answered on Feb 5, 2017

It's a good idea to have a lawyer. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law... Read more »

1 Answer | Asked in Car Accidents and Insurance Defense for California on

Q: I helped my x finance a car. added her to my insurance policy. on the 24 of october she called me saying that her car

was involved in an arson whereby her car was lt on fire along with two other in a parking lot in anaheim. she called the police and called the insurance company. since that time she hasn't been very informative. what consequences am I facing. she has been paying the car payment through her... Read more »

Peter N. Munsing answered on Nov 22, 2016

Unless you are on the loan as cosigner, you aren't on the hook for anything. If your car insurance didn't have comprehensive, then you could be out a car, unless the fire was the fault of the lot owner.

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Car Accidents for California on

Q: How besides the truth how dose one defend against an auto insurance Exclusion Clause?

Peter N. Munsing answered on Sep 19, 2016

You get your policy. Don't have it? Ask. You consult a member of CAOC--they give free consults In the meantime don't give statments to the other insurance. Get a hold of the police report. Some exclusions are not proper under state law. Others are misapplied. Not knowing your case a website can't... Read more »

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