Insurance Bad Faith Questions & Answers

Q: I was involved in accident the guys insurance company is telling me I'm 20% at fault. He got a ticket for the accident.

2 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Tennessee on
Answered on Dec 16, 2018
Peter Munsing's answer
This is why you need to contact a lawyer after a crash. This sounds like the usual insurance baloney where they try to say you are 10,20.30% at fault based on---well, it's an "accident" so it's no-one's fault (until they are trying to soak you for contribution).

1. I assume you've had your damages evaluated by someone you want to fix the vehicle. If not do so--most dealers will do it for free.

2. Contact a member of the Tenn. Assn for Justice who handles crashes--they give free...

Q: Ok I was in a car accident where the other driver was issued a careless driving ticket and police report says I wasn't a

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Minnesota on
Answered on Dec 14, 2018
Peter Munsing's answer
They'd better. However if you were hurt you may have a claim for your injuries that should have been made part of the case.

Q: State Farm Insurance Company, my carrier, two days after I was hit by a person DUI of drugs who hit me with a 5,000 lb

2 Answers | Asked in Car Accidents and Insurance Bad Faith for Florida on
Answered on Dec 12, 2018
Mitchell Feldman's answer
The first thing I will say is of course you need counsel and her attorney and why if you are seriously injured he did not obtain representation is contrary to your best interest. Do not try to play lawyer with the insurance company or insurance companies and the other parties. If you were seriously injured in this accident as you describe then obtain a lawyer. I wouldn’t be worrying about bad faith first in for most and I’m not sure exactly what is going on from the facts you provided but...

Q: Where do I even start with a bad faith claim against my car insurance company?

1 Answer | Asked in Insurance Bad Faith for New York on
Answered on Dec 7, 2018
William P. Lalor's answer
Bad faith law is governed by state law. Depending on your jurisdiction there may be avenues to pursue through the state or ultimately through litigation. Many insurance lawyers will speak with you at no cost to give you some idea of your options and avenues to pursue.

Q: Liberty Mutual Insurance just totaled my vehicle, but I believe my car is worth more. What can I do?

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Texas on
Answered on Dec 4, 2018
Rahlita D. Thornton's answer
If you believe that your vehicle is worth more then we would negotiate for the higher amount. We would do our own evaluation with your input. First, make sure that you have exhausted all options. We represent those who are injured and have for many years so if you have any more questions please give us a call at 888-343-4529 #1

888-343-4LAW #1

Q: on October 23rd at 2am I was hit on my drivers side by a Toyota highlander .I had the right away the light was green.

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Puerto Rico on
Answered on Nov 26, 2018
Timur Akpinar's answer
Based on your facts, it appears that the other driver was at fault. You could consult with an attorney in Puerto Rico to discuss what your next step would be in light of the other side’s refusal to acknowledge the police report and testimony from two witnesses. Try to find out if there were any surveillance cameras in the vicinity that may have captured footage of the accident.

Tim Akpinar

Q: I feel that my insurance company delayed paying my claim and now I am out of a vehicle.

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Wisconsin on
Answered on Nov 22, 2018
Timur Akpinar's answer
The facts mention a repair estimate and cash value but don’t go into the actual figure received. An attorney in your state reviewing the file could ask for additional information.

Tim Akpinar

Q: Need to take an insurance to small claims, they have agents in the county does this count as having a physical presence

1 Answer | Asked in Car Accidents, Civil Litigation and Insurance Bad Faith for Oregon on
Answered on Nov 15, 2018
Jeff Merrick's answer
If your question is whether your county has jurisdiction over the insurer, odds are it does.

If you can't find the insurer's proper address with the Secretary of State's business registry, try the State Insurance Division.

It might be worth buying an hour of a lawyer's time to make sure your plan makes sense, get some pointers, and maybe see if there is a better approach.

Good Luck,


Q: I received a letter from a insurance company that said i owed $4,000 dollars in damages from a car that was a trade in

2 Answers | Asked in Car Accidents, Contracts, Insurance Bad Faith and Insurance Defense for California on
Answered on Nov 14, 2018
William John Light's answer
You should have filed a Notice of Transfer and Release of Liability with DMV when you traded in the vehicle.

However, the question is not what you need to prove that you don't own the car, but what the insurer/plaintiff needs to do to prove that you do own it. I would question it in writing how it intends to prove your ownership of a vehicle that you sold in 2012. The plaintiff has the burden of proof, not you. I would give...

Q: I was involved in a auto accident at no fault. My Insurance is lying and putting off settling the claim.

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Indiana on
Answered on Nov 12, 2018
Charles Candiano's answer
If Geico says you were not at fault and you go through your policy, your car will be replaced, immediately, less your deductible which Geico must return to you on your facts. What's the problem?

Q: What should I do if an insurance company ignores my requests for more information on my claim?

2 Answers | Asked in Insurance Bad Faith for Maryland on
Answered on Nov 10, 2018
Yosef Kuperman's answer
File a complaint with the Maryland Insurance Administration. If you go through their online complaint process, you get more information. (They probably won't actually do anything. But they'll get you straight answers.)

Q: Can I sue myself in Maryland for auto property damage liability? Details below.

1 Answer | Asked in Contracts, Insurance Bad Faith and Insurance Defense for Maryland on
Answered on Nov 8, 2018
Mark Oakley's answer
The language has to be in the policy. Demand that your insurance agent provide you with the exact provision that precludes your claim. In my experience, however, insured owners generally cannot recover for their own negligence under their policy, with collision coverage being the only insurance coverage offered to address that type of claim.

Q: Insurance company won't cover rental car because I declined this option on original policy. what are my options?

1 Answer | Asked in Consumer Law, Contracts and Insurance Bad Faith for Pennsylvania on
Answered on Nov 3, 2018
Peter Munsing's answer
rental isn't something they have to reopen. You can ask your agent but otherwise you will need to get yourself either a rental or pay a friend to use their car and see if there's a way you can insure it or get a hail damage special.

Q: Is there any way to appeal to local zoning laws to allow me to rent out my condo on AirBnb?

1 Answer | Asked in Insurance Bad Faith for Illinois on
Answered on Nov 2, 2018
T. J. Jesky's answer
Before you appeal to the local zoning board, check with your Condo Associations. Many condo associations do not allow for short rentals. Many require at least 12 months, if you wish to rent the Condo. It might be more difficult to work with Condo Association rather the local authorities.

Q: Recourse for roof damage repair/replacement on a "duplex", where the other owner apparently has no damage?

1 Answer | Asked in Real Estate Law, Insurance Bad Faith and Insurance Defense for Colorado on
Answered on Nov 2, 2018
John Kenneth Joyner's answer
You may be better off just having your dad's neighbor go straight to an attorney who specializes in first-party property insurance bad faith claims. That lawyer can get a better idea of the facts of the case and point them in the right direction. Often bad faith insurance litigation firms will work on contingency and give you a free consultation, meaning no money changes hands unless they win your case.

Good luck to you.

Q: If I leave my car unlocked so someone steals it, what is the worst thing that will happen if my insurance finds out?

1 Answer | Asked in Insurance Bad Faith for California on
Answered on Oct 29, 2018
William John Light's answer
I have never seen a policy that requires you to lock your car as a condition of payment. How would the insurer prove that it wasn't locked? Do you even remember?

Q: What is third party bad faith and how does it relate to an insurance company?

1 Answer | Asked in Insurance Bad Faith for New York on
Answered on Oct 29, 2018
Timur Akpinar's answer
Third-party bad faith consists of actions on the part of someone else’s insurance carrier. It is distinguished from first-party bad faith, where the conduct involves someone’s own insurance carrier.

Tim Akpinar

Q: Is there any case law that would support a claim against a Homeowner's Insurer for personal injury of a disabled adult?

1 Answer | Asked in Personal Injury, Civil Rights and Insurance Bad Faith for Florida on
Answered on Oct 18, 2018
Peter Munsing's answer
Possibly though a lot will depend on the duty owed by a contracting engineer especially if their scope was just structural, not enviornmental. Contact a member of the Fla Justice Association--they give free consults. Look for one that handles mold cases.

Q: I need to file personal injury suit against my insurance because was in auto accident hit by uninsured what form to file

2 Answers | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for Florida on
Answered on Oct 18, 2018
Peter Munsing's answer
You should have contacted a member of the Florida Justice Association. They give free consults.

I can't give you legal advice on Florida pleadings but one way would be to go to your county court law library, ask them to help you look up a recent case involving uninsured motorist law, ask them if they have "Westlaw" which often has the pleadings in a case available, and can they pull the complaint. That should at least serve as a template.

You then need to do whatever is...

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.