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Insurance Bad Faith Questions & Answers
4 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Q: I had an accident my insurance denied my coverage because I was at work now I'm being sued is there anything I can do

I was at work and hit someone from behind after they cut me off and slammed on there brakes. I was on break when it happened and never made it back the insurance didn't cover it because they said I was working. I signed a paper stating I don't work with Uber or a ride sharing company but... View More

James Otto Heiting
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James Otto Heiting
answered on Feb 19, 2024

Either you were working and your employer covers it; or you were not working and your personal insurance covers it. There may be some odd circumstances that interfere with that simple analysis; but that seems to be the common sense of your situation. Good luck.

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4 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Q: I had an accident my insurance denied my coverage because I was at work now I'm being sued is there anything I can do

I was at work and hit someone from behind after they cut me off and slammed on there brakes. I was on break when it happened and never made it back the insurance didn't cover it because they said I was working. I signed a paper stating I don't work with Uber or a ride sharing company but... View More

William John Light
William John Light
answered on Feb 20, 2024

Under Labor Code section 2802, your employer has to indemnify your expenses incurred while the course and scope of employment. Its insurer should be fixing your car. If you were driving for Uber or other ride share, you may not have been an employee, but an independent contractor. Whether that... View More

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4 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Q: I had an accident my insurance denied my coverage because I was at work now I'm being sued is there anything I can do

I was at work and hit someone from behind after they cut me off and slammed on there brakes. I was on break when it happened and never made it back the insurance didn't cover it because they said I was working. I signed a paper stating I don't work with Uber or a ride sharing company but... View More

James L. Arrasmith
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answered on Feb 20, 2024

Under California law, if your insurance company denies coverage for an accident that occurred while you were on a break from work, you might still have options to contest the denial. The distinction between being "at work" and "on a break" is crucial, as it can influence the... View More

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4 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Q: I had an accident my insurance denied my coverage because I was at work now I'm being sued is there anything I can do

I was at work and hit someone from behind after they cut me off and slammed on there brakes. I was on break when it happened and never made it back the insurance didn't cover it because they said I was working. I signed a paper stating I don't work with Uber or a ride sharing company but... View More

Tim Akpinar
Tim Akpinar
answered on Feb 24, 2024

As my colleagues correctly advise, a lawyer consult is worth considering here to identify best route of action. Unfortunately, carriers will generally issue policy denials in such scenarios nationwide, often denying no-fault PIP benefits on the grounds of being a workers' comp matter that... View More

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1 Answer | Asked in Car Accidents and Insurance Bad Faith for Georgia on
Q: My wife hit my parked car while I was in bed sleeping-Progressive has listed me as an active drive of my car and refuses

To Remove it from my record-driving my rate up more than it should be-the agent got angry at me because when she refused to file the claim in the beginning I had to speak to her boss who also got angry with me for trying to file the claim-so I guess they got even with me and they refuse to remove... View More

Tim Akpinar
Tim Akpinar
answered on Feb 15, 2024

A Georgia attorney could advise best, but your question remains open for a week. If the claim was reported, they made it part of the record - you could also try to learn how the claim will be treated. In some cases, carriers could deny on claims involving spouses or other family members. Good luck

1 Answer | Asked in Insurance Bad Faith for Ohio on
Q: Health insurance said they would cover a swim spa for medical reasons with a doctor's recommendation, then decides claim

All paperwork was completed and the swim spa was purchased before we knew it was being denied. Was told by insurance that they agreed they said they would pay for it, but we were given false information. They were denying the claim, even though they stated they were covering it.

Tim Akpinar
Tim Akpinar
answered on Feb 12, 2024

An Ohio attorney could advise best, but your question remains open for three weeks. One option could be to challenge the denial, whether on your own or with the assistance of an attorney. If you could arrange a free initial consult, bring the denial and accompanying paperwork, an attorney would be... View More

2 Answers | Asked in Car Accidents and Insurance Bad Faith for Pennsylvania on
Q: I'm thinking how hard it would be to do class action, particularly-...

For a class action law suit against a large insurance carrier, where it is not too difficult to surmise that what was improperly done to you, is done routinely with others as well, do you need to discover on your own, who some of those people are, and then contact them unexpectedly and try to have... View More

Tim Akpinar
Tim Akpinar
answered on Feb 16, 2024

Until you are able to check with attorneys who practice in Pennsylvania, you are correct. It can be difficult to put together a class action lawsuit. Not because of the legal theories - the same laws apply conceptually that apply to individual lawsuits. But there is the administrative burden of... View More

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2 Answers | Asked in Insurance Bad Faith and Car Accidents for California on
Q: Will gap insurance pay for totaled vehicle if auto insurance does not pay for the claim?

Hi, my son totaled my vehicle that I still own money to the finance company, my son is excluded from driving the car, so AAA auto insurance refused to accept liability for the accident and won't pay for damages. I have gap insurance on the car, my question is wither the GAP will pay for the... View More

T. Augustus Claus
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answered on Feb 6, 2024

In California, if your auto insurance refuses to pay for damages because a driver (in this case, your son) was excluded from the policy, GAP insurance typically does not cover the outstanding balance on the vehicle loan under these circumstances. GAP insurance is designed to cover the... View More

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2 Answers | Asked in Insurance Bad Faith and Car Accidents for California on
Q: Will gap insurance pay for totaled vehicle if auto insurance does not pay for the claim?

Hi, my son totaled my vehicle that I still own money to the finance company, my son is excluded from driving the car, so AAA auto insurance refused to accept liability for the accident and won't pay for damages. I have gap insurance on the car, my question is wither the GAP will pay for the... View More

James L. Arrasmith
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answered on Feb 22, 2024

In the context of an auto insurance claim in California, GAP (Guaranteed Asset Protection) insurance plays a specific role. It is designed to cover the "gap" between the amount owed on a vehicle loan or lease and the vehicle's actual cash value, which is what traditional auto... View More

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2 Answers | Asked in Personal Injury, Car Accidents and Insurance Bad Faith for Arkansas on
Q: The drunk driver insurance company filed bankruptcy. They are the defendant I am the plaintiff, but I was the passenger.

The driver, my ex-boyfriend just got all his medical took care of the lawyer paid and money in his pocket and I was told I’m sorry I don’t know how I can help you now because the other guys insurance company is incomplete bankruptcy. They forgot about my injuries when he turned everything in to... View More

Tim Akpinar
Tim Akpinar
answered on Feb 5, 2024

I'm sorry for your accident and ordeal. There are too many things to sort out here than can be addressed in a brief post. The best thing you can do is to arrange a free initial consult with an attorney. An experienced attorney could examine your matter in more detail - your injuries, the... View More

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2 Answers | Asked in Consumer Law, Car Accidents and Insurance Bad Faith for Texas on
Q: I'm looking for a Lord to Sue my Insurance Company. Because on december twenty first I was in an accident and they

Denied my insurance claim on December 21st I was in car accident to make a long story. They wanted me to pay $2000 that put me homeless. I have no money right now. And the work that we needed to be done on my car. Hamp it on the side that the action is happening. And a refuse that 9 to 2 times... View More

John Michael Frick
John Michael Frick
answered on Jan 31, 2024

Our justice of the peace courts have jurisdiction over small claims where the amount in controversy does not exceed $20,000. The principal advantage of small claims court is that you do not need an attorney to file a lawsuit. Since you "have no money right now," this is probably your... View More

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2 Answers | Asked in Consumer Law, Car Accidents and Insurance Bad Faith for Texas on
Q: I'm looking for a Lord to Sue my Insurance Company. Because on december twenty first I was in an accident and they

Denied my insurance claim on December 21st I was in car accident to make a long story. They wanted me to pay $2000 that put me homeless. I have no money right now. And the work that we needed to be done on my car. Hamp it on the side that the action is happening. And a refuse that 9 to 2 times... View More

Tim Akpinar
Tim Akpinar
answered on Feb 9, 2024

I'm sorry for the ordeal resulting from your accident. You could look into whether it's possible to line up a free initial consult. Your brief post doesn't mention injuries. Whether your matter involves property damages only, or property damages and bodily injury, that could make a... View More

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3 Answers | Asked in Consumer Law and Insurance Bad Faith for California on
Q: What do I do for an insurance company causing me to accumulate 1600$ dollars in tow fees after telling me they would?

My car was hit while it was parked, and totaled by a Fred Loya insured driver. It was then towed, and stored at a tow yard. I was told by fred loya they would pay the fees of roughly 535$, and pick my car up. 15 days later I got a call from fred loya, saying they would only pay 440$ for the tow... View More

James L. Arrasmith
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answered on Jan 23, 2024

In situations like yours in California, dealing with an insurance company over towing fees can be challenging, but there are steps you can take. First, gather all communication records with Fred Loya Insurance, including any promises or agreements they made regarding the payment of towing fees.... View More

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3 Answers | Asked in Consumer Law and Insurance Bad Faith for California on
Q: What do I do for an insurance company causing me to accumulate 1600$ dollars in tow fees after telling me they would?

My car was hit while it was parked, and totaled by a Fred Loya insured driver. It was then towed, and stored at a tow yard. I was told by fred loya they would pay the fees of roughly 535$, and pick my car up. 15 days later I got a call from fred loya, saying they would only pay 440$ for the tow... View More

Neil Anapol
Neil Anapol
answered on Jan 23, 2024

Fred Loya is by far the worst insurance company I have ever dealt with, and I have been practicing law for 35 years. I would not waste my time negotiating with them. Instead, file a small claims court lawsuit against the driver who hit your car (assuming the damages are $10,000 or less). You... View More

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2 Answers | Asked in Personal Injury, Products Liability, Real Estate Law and Insurance Bad Faith for California on
Q: Buyer agent did not inform me of Seller's insurance

I recently purchased a home for the first time. Today, six months later, we experienced heavy rainfall and there was a leak from the garage ceiling. I recently learned about a one-year seller’s insurance that could cover this, but I was not aware of it at the time of purchase. My agent, who... View More

James L. Arrasmith
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answered on Jan 22, 2024

Under California law, real estate agents owe a duty of care to their clients, which includes disclosing material information that could affect a client's decision-making in a real estate transaction. If your agent was aware of the seller's insurance that could cover such damages and... View More

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3 Answers | Asked in Civil Litigation and Insurance Bad Faith for Indiana on
Q: I had a chimney fire on 12-22-21. My ins company is delaying the non salvageable content payment.

As of today 1-13-24 no payment has been paid. Is this considered not acting in good faith? Emails and calls are going unanswered.

James L. Arrasmith
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answered on Jan 13, 2024

Based on the limited information provided, it does not necessarily indicate bad faith on the part of your insurance company at this point. However, there are a few things you can consider:

- Review your policy to understand the claims process and typical timelines for payments. Many...
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3 Answers | Asked in Civil Litigation and Insurance Bad Faith for Indiana on
Q: I had a chimney fire on 12-22-21. My ins company is delaying the non salvageable content payment.

As of today 1-13-24 no payment has been paid. Is this considered not acting in good faith? Emails and calls are going unanswered.

Tim Akpinar
Tim Akpinar
answered on Jan 21, 2024

I'm sorry for your fire. It isn't necessarily bad faith. They could be reviewing the file with their investigator. Fire claims can sometimes receive close scrutiny. Good luck

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3 Answers | Asked in Civil Litigation and Insurance Bad Faith for Indiana on
Q: I had a chimney fire on 12-22-21. My ins company is delaying the non salvageable content payment.

As of today 1-13-24 no payment has been paid. Is this considered not acting in good faith? Emails and calls are going unanswered.

Tim Akpinar
Tim Akpinar
answered on Jan 21, 2024

Addendum - Despite the time it could take to investigate fire claims, your inquiries deserve responses. If the matter continues to be delayed indefinitely with no reasonable basis, then an attorney who handles property & casualty claims could advise more definitively about the best and... View More

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1 Answer | Asked in Insurance Bad Faith for Massachusetts on
Q: Insurance Agency trying to backdate a coverage change without permission so they don’t have to pay a claim.

Filed a flood claim a week before Christmas. Our policy was written by the agent with an Elevated-with-Enclosure Foundation and confirmed our basement type carries $100,000 of contents coverage.

We met with the cat. adjuster who off the record told us the agent had our policy written with... View More

Tim Akpinar
Tim Akpinar
answered on Jan 10, 2024

A Massachusetts attorney could advise best, but your question remains open for a week. The private adjustor gave you good advice. An attorney may want to review your matter in detail, in terms of the underwriting error and the confusion in coverage it created, and what your best and most... View More

2 Answers | Asked in Personal Injury, Car Accidents, Insurance Bad Faith and Insurance Defense for California on
Q: Can I sue my car insurance company?

My insurance company has left my totaled vehicle in my name without paying any necessary fees - now we have a lien. They have grossly failed in defending me as their customer in a few ways and I would like to know if there are any options in pursuing legal action against them. Happy to give more... View More

James L. Arrasmith
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answered on Jan 3, 2024

Under California law, it is possible to pursue legal action against your car insurance company if they have failed in their obligations towards you as a policyholder. If your insurance company has not fulfilled its contractual duties, such as handling claims properly, paying necessary fees, or... View More

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