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Insurance Bad Faith Questions & Answers
Q: an accident that wasn't my fault my car was a total loss who gets position of the vehicle me or the insurance company.

I was involved in a car accident the car was a total loss and I was wondering if I got position in the car or does the insurance company get possession of the car also does the insurance company have the right to pay the finance company while at the time of the accident the car was not registered... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 22, 2022

An Arizona attorney could advise best, but your question remains open for two weeks, and you may be in a position where you need to remove the vehicle from storage. This appears to be something you might need to coordinate with the finance company if they hold a lien and possessory interest in the... Read more »

1 Answer | Asked in Insurance Bad Faith and Probate for Florida on
Q: What’s the statue of limitation on life insurance

My deceased father made his sister a successor on his life insurance and I was a minor at the time of his death. I want to know did the agent have rights to release my portion of the money to my half brother who gained guardianship of me, being that my Aunt was the successor.

Justin  Stivers
Justin Stivers answered on Jan 22, 2022

Have you contacted the life insurance company? Was a guardianship opened on your behalf? If so, money was probably released into the guardianship account. I would need more information to give a proper answer.

2 Answers | Asked in Insurance Bad Faith for California on
Q: Would like to have a Bad Faith and Fair Dealings lawyer contact me

My Insurance Company breach our policy by refusing to thoroughly investigate Claims

Neil Anapol
Neil Anapol answered on Jan 21, 2022

What is your question? If you are asking if you have a case, I would need the entire story. Failure to investigate, by itself does not make for a bad faith case. There has to be damages caused by the insurance company's unreasonable claims handling.

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1 Answer | Asked in Health Care Law and Insurance Bad Faith for Washington on
Q: How do you sue a health insurance company that is regulated by the CCIIO?

My partner has been denied coverage for a severe neck issue because her symptoms do not meet the criteria for medical necessity.

Her doctor, however, believes that she does met that criteria.

Tim Akpinar
Tim Akpinar answered on Jan 17, 2022

A Washington attorney could advise best, but your question remains open for a week, and it appears that your partner is in need of medical attention. Only a local attorney could advise on civil procedure aspects of suing insurance carriers in terms of the question you pose. But some general... Read more »

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Georgia on
Q: Can a life insurance company refuse to pay a benefit if the policy was in effect at the time of death

The ins.co has said payments had lapsed but was reinstated and paid up at time of death. But also are claiming that they were given false information about the facts of deceased health. The policy was over 7yrs old and the person who was handling finance issues was not beneficiary.

Tim Akpinar
Tim Akpinar answered on Jan 14, 2022

A Georgia attorney could advise best, but your question remains open for two weeks. The short answer is yes, they can deny a claim. And there can sometimes be worthwhile grounds on which to challenge a denial. Not to evade a simple answer here, but a Georgia attorney who handles litigation of life... Read more »

1 Answer | Asked in Insurance Bad Faith for Texas on
Q: Hello, I rear-ended another vehicle while working and driving a company vehicle.

I rear-ended another vehicle while working and driving the company vehicle and I am an employee and not a contractor. My employer he's trying to deduct money from my paycheck and I need advice on how to deal with this since the employer is liable for the cost. What can I do to prevent or... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 12, 2022

A Texas attorney could advise best, but your question remains open for two weeks. From the standpoint of insurance, your employer should have a commercial policy in effect for the vehicle. That should cover third-party liability claims. I hope you were not injured, but if you did require any kind... Read more »

Q: How close is the initial settlement offer to the final from an insurance company? Like night or day?
Yelena Gurevich
Yelena Gurevich answered on Jan 11, 2022

It depends... on the facts, the injuries, the adjuster, the insurance company, the status of your case, and even the attorney representing you. No random lawyer can answer a question like this without specific details. Consult with an attorney or several attorneys to get a better idea of the... Read more »

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1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Louisiana on
Q: I was in an accident (12/17) and my insurance won't cover it. What are my options?

I got into a wreck on the afternoon of 12/17. Fault wasn't determined at the scene, and no tickets were issued. I didn't immediately file a claim with my insurance due to stress and mental health issues (it was the 5-yr anniversary of my dad's death). I also needed to get a microSD... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 6, 2022

You should contact an accident/injury lawyer in your area to specifically discuss your matter-----most attorneys who receive calls and inquiries about this subject matter will provide a free/complimentary consultation.

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Insurance Bad Faith for Louisiana on
Q: What justifies needing a new foundation after a hurricane in Louisiana! The house is on piers and had an 2 inspections

Insurance company fighting to not pay when foundation is compromised

Tim Akpinar
Tim Akpinar answered on Jan 5, 2022

A Louisiana attorney could advise best, but your question remains open for three weeks. The dispute you describe sounds like it met an impasse between your assertion for a new foundation and the insurance carrier's position. One option may be to reach out to Louisiana attorneys to determine... Read more »

1 Answer | Asked in Insurance Bad Faith for Tennessee on
Q: I'm beneficiary of ins. policy who passed in july. Funeral home has sent copies 3 dif.times. Ins Co.keeps saying they

havent recieved anything yet. My husband even emailed them once and they requested all the paperwork again, to which I took to funeral home to resend. Last wk funeral home called ins co. again and they said they havent recieved yet..what can I do ?

Anthony M. Avery
Anthony M. Avery answered on Jan 5, 2022

Hire a competent attorney to make the Claim on the Contract of Insurance. Assuming you are the Beneficiary, a Breach of Contract Suit may have to be filed if money is not forthcoming.

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Maryland on
Q: An “Excluded driver” in Maryland was Driving his wife’s vehicle and hit two parked cars.

Her insurance company is refusing any responsibility of coverage because husband is an “Excluded Driver”. The issue is that he is an excluded driver because of a medical problem. Seizures. He’s been excluded for approximately ten years. He has what his Dr. Describes as “Walk about”,... Read more »

Mark Oakley
Mark Oakley answered on Jan 1, 2022

Was he charged with traffic violations? Does he want representation for that? Most traffic violations are written as strict liability which do not depend on intent of the driver, so they may be difficult to defend based on medical conditions. However, a judge may grant a "probation before... Read more »

1 Answer | Asked in Car Accidents, Insurance Bad Faith, Insurance Defense and Civil Litigation for Florida on
Q: Can my car leaser add damages to my credit if I choose to return it damaged even though I have gap insurance.

Hello. I want to return my car because I plan on buying a house early 2022 and don't want a car payment listed as a bill when I apply for loans. I got into a wreck last month. I only have pip insurance. It's a fairly large dent in the driver side of the door. The person's insurance... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 29, 2021

Your plan has serious flaws in it, not the least of which is a possible legal claim from the dealer seeking the remaining monthly payments that you agreed to pay at the beginning of the lease.

Whoever told you that you can just return a badly damaged leased car to whoever leased it to you...
Read more »

1 Answer | Asked in Insurance Bad Faith for Ohio on
Q: single case agreement not honored by health insurance company

I'm a health care provider. Several years ago I received a single-case agreement on a client. When I billed for services rendered under that agreement I was repeatedly denied for various reasons that were not applicable to the single case agreement. 20 sessions remain unpaid. This was in... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 22, 2021

An Ohio attorney could advise best, but your question remains open for three weeks. But it would probably be difficult for ANY attorney to advise meaningfully based on the brief description here. An attorney would likely need to see the agreement, the treatments rendered, basis for denials (medical... Read more »

1 Answer | Asked in Car Accidents, Insurance Defense, Collections and Insurance Bad Faith for Texas on
Q: If I have met my deductible and out of pocket max due to a car accident, why is my insurance requesting I pay them back?

I was in a hit and run car accident in September resulting in severe damage to my left foot and left hand. We have met our deductible and out of pocket max with medical insurance due to the surgeries I have required. I will have to pay those again when the new year comes because I am still... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 22, 2021

A Texas attorney could advise best, but your question remains open for two weeks. I'm sorry for your aggravation being compounded by the demand for the repayment of cost of your medical services. Unfortunately, these situations can arise where health insurance carriers assert liens against... Read more »

1 Answer | Asked in Criminal Law and Insurance Bad Faith for California on
Q: Is it too late to report renters insurance fraud that occured more than 3 years ago?

Can someone be convicted of rental insurance claim fraud (investigated and convicted) if the crime occured more than three years back? (Less than 10 years ago)

Neil Anapol
Neil Anapol answered on Dec 20, 2021

The statute of limitation is actually four years. However, unless you have solid evidence, its unlikely that the authorities are going to take an interest in the case or investigate it.

1 Answer | Asked in Consumer Law and Insurance Bad Faith for Hawaii on
Q: Is the death due to "complications of blunt force injuries of the head" considered to be an accidental death?

I am the beneficiary of a Guaranteed Life Insurance from Gerber Life that started June 2019. The insured passed away on March 27, 2020. I filed a death claim with Gerber Life but there was a delay in obtaining his death certificate due to the pandemic. I finally was able to send in the required... Read more »

Mark Simonds
Mark Simonds answered on Dec 17, 2021

Aloha, blunt force trauma is exactly that - an injury caused by blunt force, whether applied intentionally by another person, or due to accidental circumstances. It is more a medical term than a legal term. It just describes the type of causation, not the state of mind of the individual... Read more »

2 Answers | Asked in Insurance Bad Faith, Car Accidents and Small Claims for California on
Q: Can I sue the at fault policy holders insurance company for bad faith IN small claims court? I believe I have cause.

Policy holder = Door Dash (door dasher was in route with food)

The question of who was at fault is not an issue. due to limited character space available, the following is not exhaustive.

(I believe) I have documented no less than 3 instances of bad faith practices, and potentially... Read more »

Dale S. Gribow
Dale S. Gribow answered on Dec 16, 2021

MORE INFO NEEDED.

SET UP AN APPT TO GO OVER YOUR POTENTIAL CASES WITH A PI LAWYER.

IF IT IS BAD FAITH IT WOULD HAVE A LOT MORE VALUE THAN THE $10,000.

CHANCES ARE BAD FAITH WOULD BE HARD TO PROVE AND... IF YOU WON ...THE OTHER SIDE WOULD APPEAL AND THEN THEY CAN HAVE LAWYERS...
Read more »

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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for New York on
Q: Insurance company denied medically necessary breast reduction. My back is now more damaged. Can I sue?

Hi,

I have a very large chest and as such I also suffer from crippling back pain. It has gotten to the point I can no longer function normally and cannot even get out of bed some days due to sciatica. I tried to get my insurance company to pay for a breast reduction and they denied me. In... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 16, 2021

I'm sorry for your ordeal with the back pain. In terms of having a case on which to sue, a law firm could offer a more meaningful response after reviewing the file with the input of medical professionals. What you are really probably wondering is whether you could sue in a manner where a law... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Insurance Bad Faith for Florida on
Q: Is a Bails Bondsman allowed to hand cuff you, put you in a dark room, force the person signing for your bail to go to

their vehicle and get the purse of the person on bail and make the signer get into the purse and pull out a credit card and run the card for 3500 dollars and then bring the person on bail out to the desk still handcuffed and force them to sign a collateral receipt and take 50 dollars cash from the... Read more »

Charles M.  Baron
Charles M. Baron answered on Dec 12, 2021

For this issue, you must consult a criminal defense attorney (either hired by you or court-appointed). Bail bondsmen have certain limited powers to detain a defendant who has failed to appear in court while on bond. Whether the one in your situation went beyond their legal powers is a question... Read more »

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Consumer Law for New Hampshire on
Q: Have a insurance company that will not negotiate even after I asked for several item . Spoke to the “supervisor “

In negotiations with insurance, though talk have stalled. They only went up 300 dollars from initial offer on a total losS they have not been able to provide information on how they arrived at that number of 8,000 when I see car for sale for 10000 to 12000 I even provided them direct links though... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 11, 2021

A New Hampshire attorney could advise best, but your post remains open for two weeks. As a general premise nationwide, insurance carriers do not have a statutory obligation to settle all claims. They have an obligation of conducting the claims process in good faith. But it is not necessarily bad... Read more »

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