Insurance Bad Faith Questions & Answers

Q: CA. My Ins. total car based on their $ value my shop is less by 1100.00 they denied bid. Ca. law gives choice of shop.

1 Answer | Asked in Contracts and Insurance Bad Faith for California on
Answered on Aug 14, 2018
William John Light's answer
There is no bright line in CA as to a total loss. Usually, it is at 75% of the actual cash value of the car. You painting the care yourself doesn't mean that the cost of painting isn't included in the cost of repairs. It still has to be painted. You currently at 68% of ACV, and it probably goes over 75% once paint is included. Further, with an estimate of 68%, there are frequently additional damage that will be discovered during the course of repair, pushing the cost even higher. In other...

Q: Will he/his insurance company have grounds to sue? Should I be pursuing legal action?

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Maryland on
Answered on Aug 7, 2018
Yosef Kuperman's answer
It sounds like you were an excluded operator on your family's policy. That means your family's policy on the car will not cover you. If you had another policy, (i.e. you also own a car and that car has insurance) then it may under some circumstances provide coverage. But that sounds unlikely.

It's possible that he's suing you because he needs to as part of an uninsured motorist claim. Uninsured motorist coverage protects him against being hurt by an uninsured driver. If his carrier is...

Q: My health insurance cancelled my policy in the middle of treatment, Can i sue them? how can i get a probono?

1 Answer | Asked in Insurance Bad Faith for California on
Answered on Aug 3, 2018
William John Light's answer
Contact some ERISA attorneys to discuss your case. It's a pretty specialized area of law. You won't get an answer on Justia.

Q: How long does a insurance company has to pay on replacement cost claims after the receipts are turned in?

1 Answer | Asked in Insurance Bad Faith for Louisiana on
Answered on Aug 3, 2018
Ellen Cronin Badeaux's answer
Is this your insurance company or the other driver's company?

Q: I have full coverage insurance and had an accident only involving my car,my insurance said they are not liable

2 Answers | Asked in Car Accidents, Insurance Bad Faith, Insurance Defense and Personal Injury for Texas on
Answered on Jul 27, 2018
Reid Adam Winthrop's answer
If you have liability only insurance, then you are likely not covered for any damage or harm to you or the passengers of your vehicle. You should review your policy to determine the coverages.

Q: How does an insurance company settle claims when their insured are both parties of an MVA? How do they "sue" themselves?

1 Answer | Asked in Car Accidents, Civil Litigation, Insurance Bad Faith and Insurance Defense for Washington on
Answered on Jul 26, 2018
Stan Glisson's answer
It's handled by different divisions within the company normally. Happens all the time, but I understand what you are saying; it looks like a clear conflict.

Then of course if her carrier pays some of her medical bills, it can require compensation from the other driver's insurer; yes, the same company.

If your friend isn't represented, she should talk to an attorney right away. Particularly in the one company scenario it is very easy for the injured person to get taken...

Q: Workers Comp case Nurse Wants To Go in with me to my appointed Doctor's Appointment. Is she allowed?

1 Answer | Asked in Workers' Compensation, Civil Rights, Insurance Bad Faith and Insurance Defense for Florida on
Answered on Jul 25, 2018
Anna Katherine Stone's answer
Workers' Comp can assign a Nurse Case Manager to your file. We refer to them as the NCM. The NCM can meet with your doctors with or without you present. However, as a matter of practice, I send a letter to the carrier and NCM (if one is assigned) advising them I represent the claimant and that the NCM may NOT attend any appointments with my client and their medical providers. I only allow the NCM to notify my clients of date/time/location of medical appointments. NCM are not your friends....

Q: What is the worst case scenario for a first time non insured accident that involved only the driver and our mailbox?

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for South Carolina on
Answered on Jul 25, 2018
Peter Munsing's answer
First, he has in effect bought the car. Unless he wants to make a big deal in which case he can get the extra penalty.

Have it towed to a dealer or someone you would want to have fix it. Get an estimate. You'll have to pay so wait until you can pay.

Make your payments.

That's what CarMax cares about.

Thank goodness it wasn't someone elses' property.

If that happened on a highway he'd be sweating big time. Time to make friends with the bicyle until you...

Q: My father died almost three years ago and his home where I lived and rental properties were in trust and transferred to

1 Answer | Asked in Insurance Bad Faith for New York on
Answered on Jul 24, 2018
William P. Lalor's answer
I don't fully understand your situation, but if there was an underwriting mistake or omission, whether because of the agent or otherwise, as a result of which you are not an insured when you ought to have been an insured, you might have avenues to pursue.

Q: hello my car experienced some water damage while at the dealership and my vinyl, upholstery and window are damaged.

2 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Answered on Jul 21, 2018
William John Light's answer
If you have comprehensive insurance coverage, it will pay to repair the damage, minus your deductible. If not, you will probably have to sue the dealership for the property damage. Bring before and after photos, and estimate/receipts for repair.

Q: How can I get my money back from geico or domino's frenshise commercial insurance?

1 Answer | Asked in Employment Law, Workers' Compensation, Insurance Bad Faith and Insurance Defense for New Jersey on
Answered on Jul 15, 2018
Leonard R. Boyer's answer
You have no chance of winning unless you retain an experienced litigation attorney. It is that simple. Trying to represent yourself in Court is a bad idea. Not only are you emotionally involved, but you are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially if litigation is involved. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find...


1 Answer | Asked in Employment Law and Insurance Bad Faith for California on
Answered on Jul 14, 2018
William John Light's answer
If there is "no reason", how can "she" be wrong? To be wrong, "she" must have had a reason. It makes no sense.

You need to consult with a workers compensation attorney. Do a Google/Bing/Yahoo search for your area and make some calls; or, talk to your HR Dept.

Q: When am I able to go after money from the other person's insurance?

1 Answer | Asked in Insurance Bad Faith for California on
Answered on Jul 6, 2018
William John Light's answer
If someone else is at fault, you are free to make a claim to their insurance at any time within the statute of limitations. If you cannot negotiate a resolution, you can file suit against the at fault person within 2 years of the date of the collision (assuming your case is an auto accident).

Q: What type of lawyer is needed to help fight a mechanics lien placed on your property

1 Answer | Asked in Insurance Bad Faith and Real Estate Law for Colorado on
Answered on Jun 29, 2018
James Alan Greer's answer
Dear Mechanic’s Lien Defendant: in reply to inquiring about the type of attorney, you should employ an attorney whom has experience in your local jurisdiction in construction litigation, more specifically one whom understands the nuances of filing a “Petition For Release Of Mechanic’s Lien” along with the pursuit of the statutory recovery for attorneys fees involved in your being forced to file this type of Court proceeding.

Q: can there be a bad faith claim for an insurer not paying claim on commercial vehicle damaged?

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Georgia on
Answered on Jun 28, 2018
Peter Munsing's answer
Usually yes,though on the facts waiting a year is problematic. Suggest you look for a member of the Ga.Trial Lawyers Assn that handles bad faith claims. They give free consults.

Q: What can I do about an insurance agent who falsified documents to have me charged with a crime?>

1 Answer | Asked in Insurance Bad Faith for Wisconsin on
Answered on Jun 22, 2018
Frank Pasternak's answer
Contact the Wisconsin Office of the Commissioner of Insurance at 1-800-236-8517 and file a complaint. Also, you may wish to call the local police department.

Q: can a life insurance co. that is bought out by another co. raise the rates when rates are never to go up?

1 Answer | Asked in Consumer Law and Insurance Bad Faith for Kentucky on
Answered on Jun 19, 2018
Timothy Denison's answer
To properly answer, one would need to see your policy of insurance, but the answer is likely no.

Q: Is it legal for an insurance company to cancel the homeowners policy because our roof is nearing the end of its life?

1 Answer | Asked in Real Estate Law, Insurance Bad Faith and Insurance Defense for Tennessee on
Answered on Jun 18, 2018
Anthony Marvin Avery's answer
Your question has nothing to do with real property. Besides the roof condition, you must read your Insurance Policy. That Contract will control your rights. In the mean time find another Carrier now. Non Insurance is a Default under your Deed of Trust. It is very doubtful that after you get another Insurer, you will have sufficient damages to justify a suit even if the Insurance Contract was breached.

Q: Someone told me I could go after a person's homeowner's

1 Answer | Asked in Insurance Bad Faith for Florida on
Answered on Jun 15, 2018
Stephen Arnold Black's answer
Yes, it is possible. Discuss with counsel about bringing a lawsuit against the homeowner.

Q: If i buy life insurance, then kill myself after 2 yrs or longer will they pay out the policy .

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Answered on Jun 15, 2018
William John Light's answer
It depends on the language of the policy. You would have to read it, or have an attorney read it. This is a very poor idea. Please reach out to a mental health counselor, your pastor/priest, and/or family members. Suicide causes immense pain for your loved ones.

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