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Insurance Bad Faith Questions & Answers
1 Answer | Asked in Insurance Bad Faith for California on
Q: Can I get my deductible back after a car accident, and my kids' car seats replaced?

I was involved in a minor car collision (5-10 mph) approx. 2 months ago. Progressive found me not at fault for the accident, and Geico also said their driver was not at fault. I already had to pay a $1,000 deductible to get my car fixed, but since it is now a word vs. word situation are there... Read more »

William John Light
William John Light answered on Sep 25, 2020

Small Claims against the other driver is an option if you can prove s/he was at fault. You will need Progressive's consent to pursue the other driver since Progressive now owns part of the claim for property damage. You will need the receipt/estimate for repair, proof of payment of the $1k... Read more »

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Do I have to release personal text messages to my insurance company for a claim?
William John Light
William John Light answered on Sep 12, 2020

You have a duty to cooperate in your claim. What that entails depends on the nature of the claim and what they are asking you to release. If this is an auto claim and they want to know if you were texting and driving, it would make sense for the insurer to ask about text messages. In that case,... Read more »

1 Answer | Asked in Insurance Bad Faith for Illinois on
Q: Can driving without insurance in Illinois lead to jail time if it was a first offense and there was no accident?

My wife was given a speeding ticket and at the same time cited for not having insurance. This was the only offense of driving without insurance, and she didn't get into an accident. Everything I've read said that this is not punishable by jail time, but when she was pulled over the... Read more »

Robert Shipley
Robert Shipley answered on Sep 6, 2020

Driving without insurance will result in a fine and suspension of the drivers license. If the vehicle was insured but the insurance card was not in the vehicle or able to be accessed through an App, then being proof of insurance to Court and the ticket should be dismissed.

1 Answer | Asked in Business Law and Insurance Bad Faith for Florida on
Q: Business Insurance Renewal- legal time limits?

My business insurance expires 9-13-20 They sent me the renewal application via email 8-11-20. I sent the completed application and sent it back via email 8-13-20. I have since sent the representative an email asking if any further information is needed and asked when can I expect a quote. Her... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 4, 2020

Whoa; slow down. You appear to be letting your wagon get out ahead of the horses here.

Before doing anything else, please go READ your current lease and see if it says anything about the landlord being required to "give you a quote" at any time.

Then re-read the new...
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1 Answer | Asked in Contracts and Insurance Bad Faith on
Q: Is Covid19 or any pandemic are termed as an "Act of God" under Insurance laws ?
Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Sep 1, 2020

Most business insurance policies specifically exclude communicable diseases (like COVID-19) and don’t consider them to be an act of God. If that’s the case with your policy, financial losses caused by Covid19 probably won’t be covered unless you have a communicable disease rider. I am... Read more »

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Texas on
Q: My wife was rear ended last week, the other driver did have insurance and they are saying our car is a total loss.

But they are not offering us what we feel is right. If we take their offer we will still have to come up with $200 to pay off our loan. We feel that they should at least pay off the old car and give us enough for a down payment on another car. Do we have any recourse here?

Tim Akpinar
Tim Akpinar answered on Aug 30, 2020

A Texas attorney could advise best, but your question remains open for three weeks. Unfortunately, this is a common situation in total loss declarations. A local attorney might be able to identify additional options under state law. But as a general premise applied in these settings nationwide,... Read more »

1 Answer | Asked in Insurance Bad Faith and Health Care Law for California on
Q: My Dentist filed a fraud claim to both a insurance company and Medi-cal in California.

Although the money was paid back I lost the benefit from Medicare that allows this procedure only once every 5 years. This was not the first time this office has billed for more than services I received. I thought that I was only approved for a cleaning only to find out I was approved for a deep... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 28, 2020

Fraud has a 3 year statute of limitations from the date of discovery. Perhaps you should sue the dentist for fraud. You could even go to Small Claims if it is less than $10,000. You should definitely consult with a Dental Malpractice attorney in your area.

Justia disclaimers below,...
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1 Answer | Asked in Insurance Bad Faith for Pennsylvania on
Q: Can an insurance company in PA require a homeowner to get multiple estimates from construction contractors for a repair?

The adjuster is not releasing his estimate until the homeowner comes up with two other estimates. His claims company is also owned by the insurance company. If one of the contractors offers to do the same job at a price lower than the adjusters’, the insurance company requires that the homeowner... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 28, 2020

A Pennsylvania attorney could advise best, but your question remains open for three weeks. As a general matter, the bidding practices you describe are not that uncommon in the industry, where multiple bids are used to establish the range of costs for repairs or other projects. Larger carriers could... Read more »

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for New Mexico on
Q: The insurance adjuster is saying carfax says there is a discrepancy 0f milage on my vehicle 50,000 miles diff. Not true

I have photos document emissions receipt ect. Saying 125,000 odometer. Can they cheat me

Tim Akpinar
Tim Akpinar answered on Aug 27, 2020

A New Mexico attorney could advise best, but your question remains open for three weeks. As a general matter, based on these brief facts, I don't think the adjuster is trying to cheat you. What I think is happening is that your vehicle has been declared a total loss. So rather than simply... Read more »

1 Answer | Asked in Insurance Bad Faith for Washington on
Q: If my med bills

I sue a insurance company for 1million when they should have paid out 2.3

Can I get more for bad fath If my med bills was 600.000 and the insurance policy limit is 500.000 the umi is 500.000 shouldn't I have gotten 1.2

Tim Akpinar
Tim Akpinar answered on Aug 27, 2020

A Washington attorney could advise best, but your question remains open for four weeks. If you are represented by an attorney, she or he is really the only one suited to address your question. But as a general matter, a bad faith claim does not arise simply because an insurance carrier does not... Read more »

1 Answer | Asked in Products Liability and Insurance Bad Faith for Michigan on
Q: We rented two jet skis and one sucked up a rock. The owner refunded the rental but now wants damages and fee back.

He is threatening to sue us. What are our legal responsibilities? He wants the refunded rental fee back as well as the damage repair.

We were willing to pay the repair but not pay back the money he refunded us.

Tim Akpinar
Tim Akpinar answered on Aug 20, 2020

A Michigan attorney could answer best, but your question remains open for five weeks. It could depend on the terms of the rental agreement, and possibly subsequent communications. Additional factors could also be relevant, in terms of the manner in which the jet skis were operated, and possibly the... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Insurance Bad Faith for Georgia on
Q: Cox worker parked vehicle in my driveway blocking. Would not move when asked, (Assaulted) me on property, Can You Help?

I have a question about trespassing & assault. I cox tech came onto my property parking his van, blocking my driveway. When I asked him to move, he got Aggressive and HOSTILE saying no! He was asked to move it more than 3 times.

He was "TOLD" he is now Trespassing, to get off... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 20, 2020

It is best to start by filing a police report against the individual who assaulted you on your property. Secondly, it is best to contact an attorney who can assess the specifics of your circumstances and provide you with a more tailored response.

We wish you well.

-The Upshaw Law...
Read more »

1 Answer | Asked in Criminal Law, Insurance Bad Faith and Insurance Defense for Alabama on
Q: Auto Insurance Fraud?

I rear ended a gentleman on 07/31 and pictures were taken with no police report. The gentleman stated he would be in touch with me and I never heard from him until 08/10. On 08/10, he sent me the pictures and I proceeded to file the claim; however, I looked at a calendar and put the date of the... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 18, 2020

An Alabama attorney could answer best, but your question remains open for a week. Based on your description, it does not sound like you committed fraud. It looks more like you made a mistake in mixing up the date of the accident. Fraud essentially requires an intentional act aimed at deceiving the... Read more »

1 Answer | Asked in Consumer Law, Contracts and Insurance Bad Faith for Indiana on
Q: Policy coverage dispute question: I cancelled my homeowner's insurance the same day I bought a new policy...

The new company could not insure me until 12:00 a.m., meaning the next day. The acknowledgement of cancellation from the prior company states my policy is cancelled at 12:01 a.m. the day I cancelled which is technically before I cancelled. My mortgage company is requiring proof of insurance for... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 14, 2020

Unfortunately, the use of those figures alone, as a general practice, could leave too much open to interpretation. If possible, it might be best to have them clarify in writing what the last full day of coverage is and what the first full day of coverage is with the respective carriers, rather than... Read more »

1 Answer | Asked in Federal Crimes, Insurance Bad Faith, Insurance Defense and Internet Law for Georgia on
Q: My estranged husband has my UI going in his account, I changed pin and password and he changed again. What do I do
Robbie Levin
Robbie Levin answered on Aug 13, 2020

Divorce him.

For more information visit my website at www.LevinLawyerGa.com

1 Answer | Asked in Business Law, Contracts, Insurance Bad Faith and Insurance Defense for Wisconsin on
Q: With consent, can I create an account for another person for liability insurance and purchase a policy on their behalf?

Basically, I want to purchase on-demand liability insurance for independent contractors that get jobs through my site and I want to know if it is illegal to make this purchase as if I am them if I have their consent in signature form.

Tim Akpinar
Tim Akpinar answered on Aug 9, 2020

A Wisconsin attorney could answer best, but your question remains open for three weeks. Insurance is generally governed by state laws, but as a general matter, if information falls through the cracks and the carrier raises a defense that they were not provided with accurate information as to a... Read more »

1 Answer | Asked in Insurance Bad Faith for Colorado on
Q: Can I sue an insurance company for not covering known car accident expenses?

Over 3 years ago my car was T-boned in the front end when parked and sustained body/axle damage. Their insurance company has been fighting since the beginning about fixing all the axle damage. They sent me to a car body repair place who uses Brakes Plus to fix other issues like axles. Brakes Plus... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 9, 2020

A Colorado attorney could advise best, but your question remains open for two weeks. It sounds like you were trying to negotiate with the adversary vehicle's insurance carrier. Unfortunately, the premise that generally applies in such situations is that an opponent is not under an obligation... Read more »

2 Answers | Asked in Personal Injury and Insurance Bad Faith for Washington on
Q: The guy that ran me over his dad has insurance it's umbrella insurance for the hole family..its 2 million policy

Now would that cover the son while driving a uninsured truck or can I sue him

Tyler Young
Tyler Young answered on Aug 3, 2020

You can always make a claim against someone who hits you with a vehicle. If I'm understanding your question correctly, I think your asking whether the father (and therefor his insurance) might also cover your injuries. The answer is "maybe." You need a lawyer to help you figure... Read more »

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5 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for California on
Q: I WAS IN A accident and their insurance is take full responibililty, do i let repair or take check and repair myself?

the insurance company gave me 2 opitions . take to their repair shop - get a rental , est and repair. only get rental if i take to their shop and get repaired there. 2nd opition is take my jeep to get est. - no rental and they issue me a check . that was all that was said please heplp

Louis George Fazzi
Louis George Fazzi answered on Jul 28, 2020

Are you aware that you are asking this question of California attorneys? Most lawyers admitted to practice in the state of California may not be licensed to practice in Colorado, and consequently should not offer you advice based on California law.

Secondly, you did not indicate where the...
Read more »

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1 Answer | Asked in Insurance Bad Faith for Kentucky on
Q: I was rear ended in a mcdonald's drive thru. no injuries. minor damage to the vehicle that needs to be repaired.

I was rear ended in a mcdonald's drive thru. no injuries. minor damage to the vehicle that needs to be repaired. I just bought the vehicle and it was my first ever big purchase in life other than my home. i have insurance. the driver had insurance. the driver's mother is the policy owner... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 26, 2020

A Kentucky attorney could advise best, but your question remains open for three weeks. It's your decision, but if you do go that route, the judge could ask if there is insurance to cover the damages. Unfortunately, this type of situation is common when there are delays in providing carrier... Read more »

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