Lawyers, Answer Questions  & Get Points Log In
Insurance Bad Faith Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Insurance Bad Faith for Maryland on
Q: What doctrine governs a partial insurance car repair coverage despite the repair facility's procedure to do it entirely?

My truck was damaged by a collision with a deer. StateFarm paid to repair the truck. StateFarm only paid 1/4 of the cost of reapplying a dealer-installed paint sealant. The "StateFarm recommended" repair facility will not apply the paint sealant to any car partially. Applying the paint... Read more »

Scott Scherr
Scott Scherr answered on Jun 16, 2021

If State Farm is your own insurance company, you can sue them for breach of contract. If State Farm is the insurance company for the other driver who was negligent, you can sue the other driver for the money. Note that if you were injured, you must bring all claims in a single cause of action and... Read more »

1 Answer | Asked in Insurance Bad Faith and Car Accidents for Georgia on
Q: What court in Georgia do I file bad faith against an insurance company?

I wasn’t driving my vehicle when it was in an accident, however the police report listed the driver of the other vehicle at fault. I put the property damage claim in with her insurance and in two days it was denied without any kind of investigation, I wrote a demand letter it was rejected. My... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 11, 2021

You file your bad faith claim in the court where you live or the court where the insurance company maintains an office.

You can file a complaint with the insurance commissioner.

If the sheriffs cant find the liable person you can in most states arrange for service by publication....
Read more »

1 Answer | Asked in DUI / DWI and Insurance Bad Faith for Kentucky on
Q: I sold my car and they never transfrerred the title and got a DUI. No tags or insurance on the car. Can i get in trouble

My mother had a vehicle that was in my name that I wanted back for my wife to drive so we traded my mother my wifes vehicle (in her name) to my mother for the vehicle that was in my name. My mother sells my wifes car to my wifes parents and her stepdad got a DUI in her vehicle. We tried to get them... Read more »

Timothy Denison
Timothy Denison answered on Jun 10, 2021

Yes. DUI, no tags, no insurance convictions.

1 Answer | Asked in Consumer Law, Criminal Law, Personal Injury and Insurance Bad Faith for Missouri on
Q: What actions are considered vexatious by insurance companies in MO.& what is bad faith? What can I do?

My insurance company used a bias company to estimate loss. The inspection was not thorough and I was pressured to accept a completely unreasonable lowball offer. I complained to my agent and received a call from the supervisor saying they will send a third-party inspector over to inspect the... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 10, 2021

A Missouri attorney could advise best, as your question could involve elements of state-specific law. In terms of what you could do, one option is to arrange a brief consult with an attorney experienced in property damage/fire claims. In terms of pressure to accept an offer, if a release had been... Read more »

2 Answers | Asked in Insurance Bad Faith, Personal Injury and Workers' Compensation for California on
Q: a corrupt doctor had my supportive care ended, the lawyer and insurance co were complicit ! I have documentation please

Please help, the attorney made false pleadings to the judges, the doctor did not even see me for 10 minutes and never examined me.

the recent laws changed helped them to squash my pleadings. I've gone as far as I can . they made so many lies that can be proven with electronic files.... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jun 9, 2021

MORE INFO NEEDED.

YOU NEED A LAWYER THAT IS WILLING AND CAPABLE OF HANDLING THIS MATTER ON A CONTINGENCY......IT IS NOT MY FIRM AS WE DON'T DO THAT KIND OF MATTER.

MOST LAWYERS DO NOT WANT TO THROW THEIR OWN MONEY AT LITIGATION THAT MAY BE STALE?

I ASSUME IF THIS WAS A...
Read more »

View More Answers

1 Answer | Asked in Consumer Law and Insurance Bad Faith for New York on
Q: 1. How to find life insurance company's divisible surplus for last 15 to 30 years? 2.by insurance class? $0 div?

year 1968 participating $5,000 whole life policy. no dividends for last 15 years. Prior to that, div increased each year (to $96) then decreased in the next 4 yrs to zero; for 12 yrs $0 , however cash value increased each yr ($3,900 currently and increases a small amount each yr), no loans ,... Read more »

Jonathan David Warner
Jonathan David Warner answered on May 31, 2021

I'd recommend looking into New York's State's Unclaimed Funds registry, which can be found by clicking on this link:

https://www.osc.state.ny.us/unclaimed-funds

If you're entitled to funds that are unclaimed, they might be held by the State in escrow.

Good luck with your case!

1 Answer | Asked in Civil Litigation, Small Claims and Insurance Bad Faith for Georgia on
Q: How can I collect my small claims settlement properly?

How can I collect my small claims settlement properly? This was a from a car accident in 2019 was put on continuance due to my being ill and then the courts were closed due to COVID19.

I won my case in court (finally) and have not heard from the defendant's insurance company or lawyer... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on May 28, 2021

Congratulations on your success in Magistrate Court. Winning is one thing. Collecting is another. Unfortunately, you have found this to be the situation in your case. Worse, there is no way at all any of us can provide any assistance to you. We always have to adapt our actions to the needs of... Read more »

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: My pull behind camper burned in our yard. (neighbor fire). Have 78K personal property coverage. Will homeowners cover?

We live in Florida, have State Farm Insurance with a 78K personal property coverage and 315k for house. Entire back yard, Camper, and Utility trailer burned from a neighbor down the road burning pallets. (Deemed non arson). We owe loans on both trailers..9K to 1st Premier bank and 4K to Sheffield... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 27, 2021

Have an attorney look at the policy to see if State Farm is reading it correctly.

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Divorce for Georgia on
Q: We have a court order stating my ex is required to provide insurance for our kids. He quit his job-lost kids insurance.

He lives in Ky, I live in GA. He says he has to use my income to get our kids Medicaid and put it in my name, but he would pay premium. Is this considered him providing insurance for kids?

Note: he’s failed to abide by the court order in all terms.

Should I just file contempt... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on May 27, 2021

If he’s not following court orders then you should file for contempt. Consult with an attorney who can help you address these issues legally.

1 Answer | Asked in Car Accidents and Insurance Bad Faith for South Carolina on
Q: If two people own a car does it matter who files the sr22 insurance

Me and my wife was in an car accident uninsured she was driving we both on title and registration the DMV won't accept our sr22 cause it's not in my name

Jeffrey David Morris
Jeffrey David Morris answered on May 20, 2021

The answer depends. In South Carolina, an insured is any named insured and in home resident relative unless that relative is a named excluded driver on the policy, but of course other rules apply at that time. You should consult an attorney who handles auto accident litigation.... Read more »

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Michigan on
Q: Why would a life insurance company ask what state and country you were born in?
Brent T. Geers
Brent T. Geers answered on May 13, 2021

Risk analysis and calculation, as well as identity purposes.

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Pennsylvania on
Q: Personal Invoice from an Auto Insurance Company with no accident report or claim to our Insurance

11/2020, son was involved in minor parking lot auto accident- backing out of a parking space in a corner lot when a man driving a company truck cut through the lot to avoid a traffic light causing a minor collision. No damage to either vehicle because my son was in reverse and barely moving. Guy... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on May 13, 2021

You (and your insurance company) are responsible for damages caused in the collision only if you (in this case your son) was at fault in the collision. Additionally, the person claiming damages has the burden of proof of more likely than not to show that the damages he asserts were caused by the... Read more »

1 Answer | Asked in Banking, Insurance Bad Faith and Insurance Defense for New York on
Q: what to do if my bank refuses my father's life insurance claim?

My father's bank refuses to pay me by telling me that my father did not contributed the last months before his death without giving me any official paper or proof. My father contributed to this insurance for more than 30 years and it's a shame not to get any penny..

Tim Akpinar
Tim Akpinar answered on May 9, 2021

I'm sorry for your ordeal that makes a difficult situation even more painful. It appears you've already requested records. It's difficult to offer step-by-step instructions here, as the next step could possibly require litigating the claim, depending on the situation. Reach out to... Read more »

1 Answer | Asked in Insurance Bad Faith for Arizona on
Q: If ins. co. provides trans. to and from Dr. appts but they are a no show or are to late which require a rescheduling

sometimes the same day and still a no show. Then when they do provide trip to appt. they are 2hrs late on return pickup. Is this consider Insurance Bad Faith? Especially since my son has high function Asperger's but was unable to do these appt. alone because transportation was completely... Read more »

Tim Akpinar
Tim Akpinar answered on May 7, 2021

An Arizona attorney could advise best, but your post remains open for four weeks. No, as a general matter, something like that is not generally considered bad faith, unless it was done with some kind of deliberate harmful motive. It could simply be difficult transportation arrangements. Bad faith... Read more »

2 Answers | Asked in Insurance Bad Faith, Insurance Defense, Criminal Law and Traffic Tickets for Texas on
Q: If proof of insurance was provided to the court do they verify it?

If someone received a ticker for Financial Responsibility (No Insurance) and they showed the court they had a policy during the date of ticket is the case dismissed immediately or is the insurance policy verified? Not speaking of fake insurance but if you can't remember if it was cancelled or... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 5, 2021

They will probably verify it unless someone is being lazy.

View More Answers

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Louisiana on
Q: Is it normal for an insurance company to ask for the death certificate of someone you share a name with?

My mom and aunt share a name and birthday, different years, she claims her insurance was canceled in 2018 because they thought she was my mom who died in 2016. Her insurance Risa asking for my moms death certificate to reinstate her . I assumed her ssn would be enough .

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 5, 2021

No, asking for death cert is normal.

2 Answers | Asked in Car Accidents and Insurance Bad Faith for Pennsylvania on
Q: Someone slammed into my car and totaled it. My insurance company is only covering the value of the car. Which leaves me

Owing 900$ and also i am out the 4,000$ I paid in cash. Car under a year old. Can i go after her insurance company for the 4,900$??

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 29, 2021

More details are needed and I wish you had spoken and/or hired an attorney about this already, however what's done is done and hopefully you have not lost any rights-----you need to speak to an injury/accident lawyer in your area and discuss your options----use the Find a Lawyer tab and search... Read more »

View More Answers

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Medical Malpractice for California on
Q: is there a whistleblower reward available for reporting insurance fraud in california?

a business is allowing a doctors office to “recruit” patients on its premises. one of the managers is receiving a referral bonus (cash) for every employee that goes and has any procedure (bonus is from the dr office not from the employer). on top of that the doctors office offering new... Read more »

William John Light
William John Light answered on Apr 22, 2021

Insurance fraud is a crime, so contact the police. You can also contact the Medical Board, which licenses and disciplines physicians. dca.ca.gov/consumers/complaints/medbd.shtml

You can also retain an attorney to file your own lawsuit against the medical providers under the Insurance...
Read more »

1 Answer | Asked in Insurance Bad Faith for California on
Q: What can we do when our Travel Protection insurance claim was denied after giving proof of being sick with Covid?

Our 20th anniversary Kauai trip was planned for 4/01 - 4/08. All back up documentation was given to Red Sky Travel Insurance, including the "Attending Physician Statement" but I was still denied reimbursement. Red Sky Travel Insurance company replied with "after testing positive... Read more »

William John Light
William John Light answered on Apr 19, 2021

You will have to explain why the insurance company was wrong. Its math appears to be correct.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Ohio on
Q: I had been beneficiary on daughter life insurance she passed in June & her mama got all of it somehow, what do I do

We had purchased it together when my daughter was younger, 2 yrs ago her mama said she dropped it. I am having to pay all of my daughter's debts while her grandmother gets the life insurancepolicy

Matthew Williams
Matthew Williams answered on Apr 19, 2021

It's a little unclear what happened here, but it sounds to me like grandma bought a policy with you as beneficiary, later canceled that policy, and bought a new one with her as beneficiary. If that's the case, its her money. Were you paying any premiums? Do you have the policy documents?

Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.