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I was involved in a car accident in California where I was not at fault. During mediation, the final offer was $100,000, but my attorney advised waiting. Two weeks later, I received a release for $85,000 without prior notice. I requested to see the other party's proposal offer, the total... View More 
answered on Apr 21, 2025
There are several red flags that indicate cause for concern, and others do not.
The portion coming from your own insurance company would not be included in the release.
It is unclear why the settlement is no longer $100,000.
Liens can be negotiated, in some situations,... View More
Can life insurance proceeds be issued to an estate when no estate has been opened, especially if there is no will, assets, or probate involved? My mother’s life insurance named my dad as the sole beneficiary, but he passed away before her. The insurance company states their policy directs... View More
answered on Apr 14, 2025
With the policy not naming any contingent beneficiaries, the insurance company must issue a check for the policy proceeds to the Estate of the decedent. It would be bad faith if the insurance company issued the check to you and/or your siblings personally.
The executor of the... View More
My mother passed away on April 8. Before she passed, she was taken to hospice, and my sister claimed that my mother instructed us to empty her bank account and split it evenly among the four siblings. I requested proof from my sister that the funds were split evenly, but she became upset and now... View More
answered on Apr 20, 2025
I'm very sorry for the loss of your mother. You ask what legal steps you could take. A good starting point could be to set up a consult with an Ohio attorney who works with estates, wills, and related matters. You would have probably gotten more responses from attorneys in your state who... View More
I am the beneficiary of my ex-husband's life insurance policy, which he activated during our separation and continued to pay for 7 years. There was no update to the beneficiary status after our divorce. Now that he has passed away, I'm facing opposition from his son, who is contesting the... View More
answered on Apr 8, 2025
A Wyoming attorney could advise best, but your question remains open for two weeks. I'm sorry for the loss of your ex-husband. Each state could have its own laws for such scenarios. But the short general answer (subject to state law) is that divorce should not automatically remove a person as... View More
As the next of kin, do I have the right to view a life insurance policy on my deceased father that is held by his ex-girlfriend? He passed away unexpectedly without a will. They were in a long-term domestic partnership, and I suspect she may have removed me as a beneficiary without informing me or... View More
answered on Apr 5, 2025
A Massachusetts attorney could advise best, but your question remains open for a week. Until you are able to consult with a Massachusetts attorney for state-specific guidance, in most places, the carrier won't share that info with anyone who is not designated on the policy as a beneficiary.... View More
I was rear-ended by a drunk driver while my special needs son was in the vehicle with me. I've requested all correspondence between my lawyer and the insurance company due to a lack of communication from my lawyer. I disagree with the final offer from the insurance company. Despite my requests... View More
answered on Apr 3, 2025
Sorry for your inconvenience during this time. First thing is if you are dissatisfied with the lawyer you currently have, then you are well within your rights to terminate their representation and hire a new lawyer. The new lawyer should be able to get the information from the original lawyer.... View More
I was receiving long-term disability insurance through my former employer for 24 months, but the benefits stopped. The company, Lincoln Financial, claims that independent studies suggest there are other occupations I can perform, but my doctors and neurosurgeon disagree, stating I need lumbar... View More
answered on Apr 2, 2025
Yes, it is possible. It sounds like your policy is most likely governed by a federal law called "ERISA." It will depend on the language of the policy, but most long-term disability policies pay benefits for 24 months while you are disabled and unable to work in your own occupation. After... View More
I was involved in a not-at-fault accident nearly 4 years ago in Texas, and the at-fault driver's insurance only covered the state minimum of $30,000. I have $100,000 uninsured/underinsured coverage with my insurance, and I filed a claim back in 2021. Recently, my insurance offered me half of... View More
answered on Mar 26, 2025
A Texas attorney could advise best, but your question remains open for over two weeks. You ask many good questions, but a meaningful response would result in a memo several pages in length. It isn't clear if you are represented by an attorney. If you are, these are things to sit down and... View More
I bought a car on March 7, 2025, with the requirement to have full coverage insurance in order to drive it off the lot. The car salesman informed me that he would set up insurance for $401. I paid this amount via Cash App but did not receive a declarations page or any official documentation. On... View More
answered on Mar 26, 2025
First things first. Begin by contacting the dealer and requesting the name and contact information of the insurance company. In the future, avoid the situation by comparing various insurance carriers ahead of time and advising them of your intention to purchase this make and model vehicle so... View More
I purchased a car in 2022, and the lender stated that insurance was included in the car note, but they have not provided proof despite multiple requests. I received a ticket for not having insurance, and the lender refuses to provide documentation. I had a written agreement and several... View More
answered on Mar 26, 2025
There are different types of insurance. The law requires the driver of a motor vehicle to carry proof of liability insurance and provide it upon request to a police officer. This is what you can get a ticket for. It would be very unusual for a lender to provide this type of insurance.... View More
I was involved in a work accident on 11/15/2024, which resulted in extensive damage to my 4th toe on my left foot, including nerve damage, debridement, and a permanently shorter toe. Despite filing a workers' compensation claim, I believe the insurance company is at fault for delaying my... View More
answered on Mar 25, 2025
The delay in treatment may, possibly, be insurance bad faith and a claim would be outside the work injury case. The WC claim will compensate you for damage to your toe or foot as it is after all treatment is finished, and the amount also depends on your ability or inability to go back to the job... View More
In Utah, is it legal for someone to be pulled over solely because the database erroneously showed they didn't have insurance, even though their insurance was valid? I was stopped with no other reason, received a warning about the insurance, and was issued two tickets for a suspended license... View More
answered on Mar 12, 2025
Unfortunately, yes. This is an issue that we see frequently. The cop made a stop in good faith that he believed you were operating the vehicle without insurance. Those databases are wrong all the time, but the Utah Supreme Court has ruled cops may make mistakes and the stop is valid as long as they... View More
My wife had $16,000 stolen from her 401(k) account with Fidelity following an identity theft incident in June. We were not informed by Fidelity until we discovered the account was blocked in November. We have reported this to the police, Identitytheft.gov, and social security. Fidelity claims to be... View More
answered on Mar 9, 2025
If your money is not refunded, you might have a potential negligence claim against Fidelity, which is likely insured for that. Schedule an appointment with a lawyer in your area who handles civil litigation including negligence claims against financial institutions. The lawyer should promptly... View More
I have an insurance policy document that my mother took out in 1976 with myself listed as the beneficiary. When I inquired with the company they said that I was not listed as the beneficiary even though I have document indicating that.
Then they said that the "beneficiary might have... View More
answered on Mar 7, 2025
An Ohio attorney could advise best, but your question remains open for a month. What the insurance carrier is telling you about the beneficiary possibly changing could be true. They don't really have an incentive to lie about who a beneficiary is - they make payment one way or the other, based... View More
I suspect my relatives unlawfully seized my inheritance in Mississippi, including property and insurance left by my deceased father Ralph Bishop, an heir to his father, Frank Hagmon Bishop, a Navy veteran. Despite my rightful ownership, assets were transferred, perhaps to California, with potential... View More
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answered on Mar 5, 2025
If you feel real property should have been inherited by you, hire a MS attorney to search the title and determine heirship. If you are a tenant in common, sue the other recorded tenants either for Partition or possibly Ejectment. Time is of the essence here. As to insurance, contact the... View More
I was involved in an accident with a drunk driver who hit my car. Although he has insurance, he has been dodging calls from his insurance company for months. He is currently in jail for hitting another driver's car and injuring them. I have filed a police report, have pictures, a video of the... View More
answered on Mar 2, 2025
A Maryland criminal law attorney could advise best on the issue of charges, but regarding the civil issues in your questions, it's possible the other driver is not able to respond due to incarceration. The carrier should still manage to process the claim and advise on their position. You... View More
I am a claimant involved in a situation where a second-party adjuster, supposedly acting on behalf of a security guard company's carrier, reached out to the business owner of a restaurant I was at. This adjuster claimed to be opening a claim on behalf of the security guard company mentioned in... View More
answered on Feb 23, 2025
You can hire an attorney to help resolve your dispute with the security guard company, or file a complaint with the superior court over what ever your dispute is with the security company. If an an adjuster for an unlicensed insurer or adjusting company is engaged in attempting to investigate or... View More
I paid my son's life insurance for 10 years through automatic bank payments. Recently, due to a bank system change, my March 2024 payment wasn't processed, leading to the insurance policy's cancellation. The insurance company claims they didn't receive payments for March, April,... View More
answered on Feb 14, 2025
This question came up under several different headings. Please note the appropriate topic is "Banking" or "Civil Litigation". It does not involve insurance or personal injury. I don't think you have a cause of action against the insurance company because they didn't... View More
I recently let my lawyer go because I felt she wasn't representing me properly; however, she is still representing my sister. After this, I attended court with my sister, and I found out that my former lawyer had contacted the insurance agent about what was said in court. I feel this may have... View More
answered on Feb 14, 2025
What was said in court was a public record. A "feeling" that communication with an agent/adjuster may have adversely affected your settlement is not nearly enough. You need evidence that you were harmed. What was said in court may have affected your settlement, but the attorney... View More
I am handling a wrongful death claim after an auto accident involving my parents. Initially, their insurer labeled a deduction as a subrogation fee, then later as an underinsured claim. This was applied to settlements from the other insurance several times, totaling four deductions. I let go of my... View More
answered on Feb 14, 2025
I understand your concern regarding the deductions, especially since the insurer is citing a law that mandates these deductions. To address this issue properly, I recommend speaking directly with an attorney who specializes in insurance law or wrongful death claims. They will be able to review the... View More
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