Ask a Question

Get free answers to your Insurance Defense legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Florida Insurance Defense Questions & Answers
2 Answers | Asked in Car Accidents and Insurance Defense for Florida on
Q: Can a person sue my insurance in a accident if no one was at fault
Josh Corriveau
Josh Corriveau
answered on Feb 27, 2020

Yes. In some cases liability is disputed (i.e., how the accident happened). If the other driver claims the accident was your fault or you did not comply with the rules of the road, the other driver may sue for damages. In Florida, you may also be a percentage at fault. For instance, a jury may find... View More

View More Answers

1 Answer | Asked in Insurance Defense for Florida on
Q: HELP! Subrogation defense case??

I was involved in an accident where I struck the corner of a trailer (not the vehicle) and the two occupants in the vehicle (not the policyholders) are now claiming bodily injury. At the scene of the accident, they said they were not injured and they resumed work following the accident. GEICO is... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 10, 2020

Do you have insurance? If so, contact you insurance company immediately and get them to take care of it.

I find it hard to believe that they are asking that you pay $50 per month on a $400 k claim. that wouldn't be a drop in the bucket; you'd never pay it off at that rate.

1 Answer | Asked in Business Law, Insurance Bad Faith and Insurance Defense for Florida on
Q: As a life insurance agent, can I donate half my commissions to any parents at my daughter's school who purchases?

My daughter is in the Winter Park High School Band and we are always doing fundraisers. How much do we really make on selling coupon books or wrapping paper!?! I would like to approach the band director and offer to donate half my commissions to the band for any and all parents, grandparents,... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 23, 2019

This is not a legal question; and I am unaware of any federal or state law that would prevent you from giving away all of the commissions you earn on all the insurance sale you make to all of your customers. Responding to your specific question: The only "problem" I can see is going to... View More

2 Answers | Asked in Civil Litigation, Contracts, Insurance Bad Faith and Insurance Defense for Florida on
Q: Is there a way that I can sue my step mother for withholding my deceased fathers insurance. If I have proof he had

Is there a way that I can sue my step mother for withholding my deceased fathers insurance. If I have proof he had Insurance and told his mother, sisters, brother and kids what he had? Is there any way possible to sue her in any way?

Linda Liang
Linda Liang
answered on Aug 16, 2019

If you have reasons to believe that your step mother is not beneficiary of the insurance and she claimed the insurance proceeds, yes, you can.

View More Answers

3 Answers | Asked in Civil Litigation, Contracts, Insurance Bad Faith and Insurance Defense for Florida on
Q: insurance company voided my policy for misrepresentation on application. should i cash refund check, is that admission

is that admission of guilt, they stated that when i filed out my application online (which i actually did over the phone with an agent, i answered the question falsely, but agent did ask me for much information. i am being sued due to accident my son had and i received refund. should i cash or... View More

Linda Liang
Linda Liang
answered on Aug 15, 2019

The victim is suing you or the insurance company? If it is the Victim who is suing, you need to know you have no coverage at least at this moment. As far as whether cashing the check means admission, it is arguable because they reject your application for the reasons they believe it is true. You... View More

View More Answers

3 Answers | Asked in Traffic Tickets, Car Accidents, Insurance Defense and Intellectual Property for Florida on
Q: My sister crashed into a lady's car, while no major damage recorded by the cop the lady is suing us for over 10K+ estim.

My sister had a minor car accident when she hit an old lady's car while changing lanes, but it wasnt a major accident as it only scratched the lady's car. The cop gave my sister just a warning as it was her first accident and the damage was really low, even the lady said she wasn't... View More

Griffin Klema
Griffin Klema
answered on May 3, 2019

I would be pleased to discuss how you can defend the case: 202-713-5292 (cell).

View More Answers

3 Answers | Asked in Intellectual Property and Insurance Defense for Florida on
Q: How can i retrieve property that has been turned over to the state Escalator?

My wife has been deceased. i received a letter from Human Insurance staining that fifty eight dollars and ninety seven cents is in the State Spectator position. How can I retrieve the above property? I can provide copies of marriage and death certificate.

Thanks for your kind attention.

Griffin Klema
Griffin Klema
answered on Mar 22, 2019

This is not an intellectual property question (or insurance defense), but rather a personal property issue. It's unclear from your question what you're referring to. State Spectator? I've never heard of such a thing. Maybe ask the insurance company that sent you the letter what to do?

View More Answers

1 Answer | Asked in Products Liability, Insurance Bad Faith and Insurance Defense for Florida on
Q: My outside air conditioning unit caught on fire & was put out by the fire department. No one knows what caused it.

My home insurance will cover it less my deductible. In the mean time the manufacturer has agreed to replace it if I sign a release. Can I accept both offers legally?

Tim Akpinar
Tim Akpinar
answered on Feb 14, 2019

If the manufacturer agrees to replace it, then it would seem there is no longer a loss for insurance to cover. If you choose the insurance company's payment, you have the deductible to consider. Insurance carriers will offset their payments, or choose not to issue payment, if a loss is already... View More

2 Answers | Asked in Civil Rights, Insurance Defense, Probate and Public Benefits for Florida on
Q: How can I get a lawyer to assist with getting homeowner's insurance to respond after Irma damage and or management?

It has been over a year already since Irma hurricane and my mother has yet received any services for the damages. Her case remains open but my day to day concern is that her inside roof is falling and at any time can collapse. The insurance tell me you need to contact your property management and... View More

David M. Goldman
PREMIUM
David M. Goldman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 7, 2019

Consult with a property attorney who deals with hurricane damage.

View More Answers

2 Answers | Asked in Criminal Law, Insurance Defense and Intellectual Property for Florida on
Q: Can criminal Lawyers file a law suit?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 27, 2018

Sure. Attorneys licensed to practice law in Florida (or in any other state for that matter) are not limited to any particular area of law, such as criminal, civil, etc. Many however emphasize such a particular area of the law, but they are not prohibited from practicing in other areas.

View More Answers

2 Answers | Asked in Personal Injury, Car Accidents, Insurance Bad Faith and Insurance Defense for Florida on
Q: Rear ended on the hwy in Florida totaled car/Insurance wants to pay 5dys rental/plus car.What are we owed?! It's 21days?

Hi on Aug 1 my husband was driving our Unregistered but insured in California SUV on the hwy in Florida when we got rear ended by a careless driver/Police report. We have major bumper damage as well as frame etc.I was taken to the hospital by ambulance/checked out and released..Insurance delayed... View More

Camille Brooks Ibrahim
Camille Brooks Ibrahim
answered on Aug 21, 2018

Feel free to contact our Miami Location at 305 405-5372 and ask for Sarah or Kathryn, I believe they can discuss potential further options for you.

View More Answers

1 Answer | Asked in Workers' Compensation, Civil Rights, Insurance Bad Faith and Insurance Defense for Florida on
Q: Workers Comp case Nurse Wants To Go in with me to my appointed Doctor's Appointment. Is she allowed?

Injured 2 years ago and still receiving treatment and therapy. I have a followup appointment with the doctor and the assign case nurse called me telling me she was going to be with me on my next followup appointment. Is this someting they could do?

Anna Katherine Stone
Anna Katherine Stone
answered on Jul 25, 2018

Workers' Comp can assign a Nurse Case Manager to your file. We refer to them as the NCM. The NCM can meet with your doctors with or without you present. However, as a matter of practice, I send a letter to the carrier and NCM (if one is assigned) advising them I represent the claimant and... View More

1 Answer | Asked in Insurance Defense and Social Security for Florida on
Q: I’ve been on disability for 14 yrs, throat cancer, receiving SS and suplimental insurance. Aetna is now calling.

Concerned that they will try to ask questions not concerning why I’m disabled. My main issue is talking. Had my voice box removed. Worried theyll ask questions trying to stop payments. Are they allowed to ask questions about my physical being? I am 59 yrs old. Can not afford a lawyer.... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 24, 2018

Require them to send you a letter containing their questions.

1 Answer | Asked in Car Accidents and Insurance Defense for Florida on
Q: Involved in an accident. cost are way above insurance limits. Going to be sued. Can they go after my wife also?

It seems i am at fault. It was my car in my name. I was driving. Insurance is in both names. Can wife be sued also? is there any protection for her rights in this?

Andy Wayne Williamson
Andy Wayne Williamson
answered on Feb 6, 2018

If the car was titled in just your name only and you were driving the. They can only sue you as you wife’s names is not on the title to the automobile.

1 Answer | Asked in Criminal Law, Traffic Tickets, Car Accidents and Insurance Defense for Florida on
Q: What can you do, what do I do?...

I was in a car accident while driving a car registered to a family member didn't know they had no car insurance they said it was my car and my license was taken for not having insurance on my car which was actually theirs and registered to them I didn't know about my license being taken I... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Nov 9, 2017

Absolutely no way to say without reviewing the case file. Since you have a Hearing date already set. You need to get offline and into an attorney’s office ASAP and hire an attorney to look into all of this and start getting it corrected.

Good luck.

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Consumer Law for Florida on
Q: I have car insurance and was driving for Uber until I’ve been told I need commercial insurance. Uber insures my car for

100.000 when app is on and 1 million when someone is in car. The only time I use my insurance driving home. Why would I need to be insurance commercial. And what would happen if I did drive as is

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 6, 2017

The short answer is that you need commercial coverage if Uber requires it.

2 Answers | Asked in Civil Litigation, Insurance Defense and Traffic Tickets for Florida on
Q: I got pulled over ,and ticket for no proof of insurance . I

I have car insurance and a another vehicle under my name with insurance but the car I got stopped with didn’t I kept prolonging it because work and kids I didn’t take it serious so they send me letter told me I have Week to show proof than

DMV said they suspended it and I need sr22 and... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Nov 6, 2017

Likely no, but can’t say based upon the limited information posted here. I suggest that you get it done ASAP.

View More Answers

1 Answer | Asked in Contracts, Employment Law and Insurance Defense for Florida on
Q: My girlfriend works for a small business and the owner is delaying giving her insurance after her 90 days

In her offer letter it states that she will receive insurance after 90 days of employment. It has been almost 4 months and she has not given her insurance. And i know that the owner is putting it off so she doesn't need to pay into it. My girlfriend is pregnant and has a lot of hospital visit... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Oct 31, 2017

Your girl friend needs to consult with an employment law attorney in your area. She can use the find a lawyer feature of this site to locate an employment law attorney in the Bradenton area.

2 Answers | Asked in Insurance Defense and Consumer Law for Florida on
Q: Your response did not take into account the full question. Mailed the payment certified mail with a Postal Service

postmark for 9/1/17. Isn't there a federal statute that takes into account payment made by certified mail w/a postal service postmark

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 8, 2017

I believe you may be referring to an answer I gave you previously, but I don't see that question and answer now.

If that's true, the prior question didn't mention that you used certified mail.

If it was postmarked on September 1st, that is obviously the date of...
View More

View More Answers

1 Answer | Asked in Insurance Defense and Consumer Law for Florida on
Q: My flood insurance was due on September 5. I paid the full amount on September 1 and sent the payment on that day.

I understand that the September 1, 2017 postmark date is the date of receipt. Right or wrong

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 8, 2017

Wrong. The date of mailing is not the date of receipt. It was received when it was received.

In the future, you can arrange with the post office to receive proof of when the mailing is received.

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.