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California Insurance Defense Questions & Answers
1 Answer | Asked in Consumer Law, Insurance Bad Faith, Insurance Defense and Contracts for California on
Q: Car theft insurance claim dispute during CA-NY transport.

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

James L. Arrasmith
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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

1 Answer | Asked in Civil Rights, Health Care Law, Insurance Defense and Medical Malpractice for California on
Q: Can I pursue legal action against Kaiser and related entities for negligence, unaddressed grievances, and mistreatment?

Theres more to the story but Since June 6, 2022, I’ve filed multiple DMHC cases, including Case #1219942, regarding Santa Clara County’s failure to address grievances and comply with health plan laws. I have Asperger’s Syndrome, am homeless, and suffer from ongoing health issues, including a... View More

James L. Arrasmith
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answered on Jan 15, 2025

Based on the details you've shared, you may have grounds for legal action against Kaiser and related entities, particularly given the documented pattern of negligence and unaddressed grievances since 2022. Your situation involves multiple serious issues: inadequate medical care,... View More

2 Answers | Asked in Health Care Law and Insurance Defense for California on
Q: A medical billing company continues to send me bills with massive upcharges even after payments have been sent.

Is legal action applicable here? The statements are confusing and vary in amounts owed. When I've called the billing company which is separate from the doctors office, they don't answer the phone and they do not get back to me after voicemails. This gave me no option but to use the online... View More

Tim Akpinar
Tim Akpinar
answered on Jan 10, 2025

Your frustration is understandable. It could be worth discussing with your insurance carrier. As a general matter, they do not like to get involved in the collection aspect of bills through private third-party billing and collection companies. However, reputable insurance companies do want to... View More

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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Amazon would not let cancel Insurance and make $288 since August 2024 join insurance when the App show $88 only

and Amazon $288 every week for Amazon Imputed when App show was pnly $88 only and I kind want to quit Amazon for take $288 and The phone App lie

James L. Arrasmith
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answered on Dec 8, 2024

It sounds like you're having trouble with insurance charges through Amazon, specifically regarding a discrepancy between the $88 shown in the app and $288 being deducted weekly for "Amazon Imputed" insurance charges since August 2024.

You should immediately contact Amazon HR...
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3 Answers | Asked in Animal / Dog Law, Civil Rights, Insurance Defense and Intellectual Property for California on
Q: Declaration of Assets, Insurance & Employment under penalty of perjury from claimant's attorney

Our 21 lb dog bit an uber eats driver on the calf piercing his skin and he and his attorney are seeking compensation over insurance limits. Our insurance company sent us a declaration of assets, insurance and employment under penalty of perjury to complete with the policy limit settlement to send... View More

William John Light
William John Light
answered on Nov 18, 2024

You don't have to disclose your assets, other than insurance limits, even during litigation, unless punitive damages are sought.

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2 Answers | Asked in Car Accidents and Insurance Defense for California on
Q: In Los Angeles, CA my driver side car was hit while I was getting out the car, while my insurance lapsed, am I liable?

I hadn't stepped out the car, looked both ways and the car was going so fast that upon impact he kept going and screeched on brakes almost 500 feet away.

William John Light
William John Light
answered on Nov 6, 2024

Whether you are insured has no effect on whether you are liable. If you were negligent, you are liable. If the other driver was negligent, he is liable. However, you don't mention any injuries, so his liability, if any, appears to be limited to property damage to fix your car.

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1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Landlord - Tenant for California on
Q: My purse was stolen while was at my storage. If I make monthly rent & insurance payments is storage liable?

I was alone at my unit that night until another storage client drove up to my unit. She said a few words to me and left. When I realized my purse was gone I went to office immediately. I told them if incident & they could not get good view from camera footage. Also, told me they were not... View More

James L. Arrasmith
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answered on Sep 26, 2024

It sounds like you're going through a frustrating situation. Generally, insurance provided by a storage facility covers damage or theft of items inside the unit, not personal belongings like a purse stolen while you’re physically at the facility. You should review the terms of the insurance... View More

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: car insurance someone said I hit them I was never there at the scene

I've been told that there's a police report with my name on it. I called the police to explain that it wasn't me and also sent them an email to clarify the situation. I even sent them pictures of my car showing no damage. Despite all this, my insurance company is still pressuring me... View More

James L. Arrasmith
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answered on Sep 18, 2024

It sounds like a stressful situation, but you're taking the right steps by communicating with your insurance company and providing evidence. Make sure to continue documenting everything. Keep copies of all emails and communications with the insurance company, including your phone call notes.... View More

2 Answers | Asked in Insurance Defense and Car Accidents for California on
Q: What are the key legal arguments in Not at fault No Insurance for my cor At fault does have insurance

What are the key legal arguments in Not at fault

No Insurance for my car

At fault does have insurance

My son was driving my car

My son don't live with me

My son and girlfriend are in pain

My son now is missing work

200 feet away when made... View More

Tim Akpinar
Tim Akpinar
answered on Sep 15, 2024

The legal arguments would be based on each driver's individual share of liability. As my colleague points out, blame could be assigned to both sides in a comparative negligence jurisdiction, based on their actions. In terms of percentages, that could be something that would be argued here by... View More

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2 Answers | Asked in Insurance Bad Faith, Insurance Defense, Personal Injury and Small Claims for California on
Q: whats the best legal advice for breaching a verbal agreement on an insurance claim?

i was in a minor collision with a lady that resulted in a verbal agreement between both parties to resolve the issue outside of insurance . She said, because her car was new and didn't want the value to go down it was in the best interest of both parties to pay her the damages directly.... View More

Tim Akpinar
Tim Akpinar
answered on Sep 4, 2024

This is not uncommon. If the other side is moving forward with an injury claim, you should be in touch with your insurance carrier to place them on notice of the accident. Good luck

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1 Answer | Asked in Insurance Defense for California on
Q: can an auto insurance company demand a large sum of money from a 3 yr old bumper tap?
James L. Arrasmith
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answered on Aug 15, 2024

In California, auto insurance companies have a limited time frame to demand payment for damages related to an accident. This period is typically governed by the statute of limitations, which is generally three years for property damage claims. If an insurance company is making a demand after three... View More

1 Answer | Asked in Employment Law and Insurance Defense for California on
Q: Could I take a part time position (8hrs/week) without loosing or reducing my unemployment benefits?

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
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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

2 Answers | Asked in Workers' Compensation, Employment Law and Insurance Defense for California on
Q: w/c case lifetime medical settled. 9 years ago .Does my 2022 workers comp claim get deducted before settled?

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
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

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5 Answers | Asked in Personal Injury, Civil Litigation, Civil Rights and Insurance Defense for California on
Q: Is it common for a demand letter to be ignored by the defense?

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
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

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1 Answer | Asked in Insurance Defense for California on
Q: If I have a life insurance license in CA, can I have my clients pay my LLC?
James L. Arrasmith
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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

1 Answer | Asked in Car Accidents and Insurance Defense for California on
Q: Car accident my insurance company sent this if I had something can I gift it DeclarationOfNoliabilty insurance&No asset

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
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

6 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for California on
Q: What type of lawyer would handle disputes with insurance companies over car accident involving a fatality?
Dale S. Gribow
Dale S. Gribow
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...
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2 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for California on
Q: My car insurance company asked me to get an attorney because I have a claim against me in a fatal car accident.

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
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

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1 Answer | Asked in Insurance Defense for California on
Q: How long does a auto lender and insurance company (GAP) have to answer and refund a customer after written request?

I have written to cancel my Gap insurance due to paying off my car loan early, resulting in an overpayment from the auto lender and a refund per contract from the GAP insurance. It's nearing a month, the auto lender keeps saying they sent the check off and the insurance company besides... View More

James R. Dickinson
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answered on Oct 26, 2022

Speak with a local attorney for assistance. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for California on
Q: My car insurance had me complete an examination under oath.

After I completed my euo, I felt like a messed up on some of the questions but the attorney that represented my insurance company said they will mail me a transcript of the euo what does that mean and I can revise it ? Is that true ?

Dale S. Gribow
Dale S. Gribow
answered on Oct 25, 2022

the first thing you should do is make an appointment with a local PI lawyer.

you should never deal with the ins co on your own....or do you have a lawyer.

whatever you said will be typed up and you can correct what is wrong........but the ins co has the right to bring that to the...
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