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Insurance Bad Faith Questions & Answers
1 Answer | Asked in Insurance Bad Faith for Alabama on
Q: If someone living in your home takes your car without permission and wrecks it is that person guilty of theft?

The insurance company claims it was not theft because he lived in my home.

Tim Akpinar
Tim Akpinar
answered on Nov 5, 2024

An Alabama attorney could advise best, but your question remains open for a month. It could probably be argued both ways from a practical standpoint, but your insurance carrier probably has certain standard procedures it goes to in terms of handling claims involving people in the same household. It... View More

1 Answer | Asked in Insurance Bad Faith for New York on
Q: I was rear-ended at a red light by 2 vehicles and injured badly. The claims adjuster will not give me any lost wages

This process has been dragged since the day of the accident which is July 24, 2024. I’ve received one very small payment in almost 4 months. I feel like I’m being punished for even filing

a claim… I’ve had utilities shut off, car insurance policy cancellation, phone shut off, etc.... View More

Tim Akpinar
Tim Akpinar
answered on Nov 2, 2024

I'm sorry about your accident and the upheaval that it has caused in your life. I hope you are okay and recovering from your injuries. What you describe is not uncommon. Although no-fault benefits under New York insurance law cover medical expenses and lost wages, self-employed claimants often... View More

1 Answer | Asked in Insurance Bad Faith and Personal Injury for Georgia on
Q: Is this a bad gap ?

03/21 accident / 10 months physical therapy

01-22 cervical mri

02-22 lumbar & thoracic MRI

03-22 Emergency room visit for rectal prolapse.. I left because of fear and anxiety of the examination process.. filed for disability

04/24 disability hearing... View More

Tim Akpinar
Tim Akpinar
answered on Oct 28, 2024

A Georgia attorney could advise best, but your question remains open for three weeks. It looks like you had around 10 months of physical therapy following the 3/21 accident. That's not problematic - it's typical. Cervical, lumbar, thoracic series in 1/22 and 2/22 - presumably that's... View More

2 Answers | Asked in Contracts, Insurance Bad Faith and Insurance Defense for Florida on
Q: Is a plaintiff required to respond to defendant's opposition to an amended complaint?

provide rule governing response to amended pleading

Charles M.  Baron
Charles M. Baron
answered on Oct 25, 2024

It depends on (A) what you mean by "opposition" to an amended complaint (motion to dismiss?, answer and affirmative defenses?), and (B) which court you're in (State or Federal, and if in State, which level (small claim or a level above small claim?). I therefore suggest you post a... View More

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1 Answer | Asked in Insurance Bad Faith and Civil Litigation for Florida on
Q: I pay for insurance monthly it is a limited liability waiver included in my lease. Now that I need help with damages

Due to the hurricane The landlord is saying it doesn’t cover anything

Charles M.  Baron
Charles M. Baron
answered on Oct 14, 2024

Regardless of insurance coverage or lack thereof, the landlord is responsible for storm damage to the premises itself (but not the contents) - unless your lease states otherwise. For damage to contents, the insurance policy should state clearly in black and white what's covered and... View More

1 Answer | Asked in Insurance Bad Faith for Wisconsin on
Q: My home owners insurance keeps delaying payment and changing how much they'll pay and changes agents often.

This has been going on for months, since february 2024 and work was completed end of May. I have one company threatening to put a lien on my home now.

Tim Akpinar
Tim Akpinar
answered on Oct 14, 2024

A Wisconsin attorney could advise best, but your question remains open for three weeks. It's possible it could be bad faith claims practices - and it's possible it might not be. More details are needed. Claims do change hands regularly, depending on the carrier's protocols. It could... View More

1 Answer | Asked in Insurance Bad Faith and Gov & Administrative Law for Florida on
Q: Insurance underwriter cancelled insurance said sent notice but not received by us mortgage company or agent. Is it legal

We never got any notice the mortgage company never got anything neither did our agent. Now having no insurance it will be much harder to get insurance. Is there any recommendation to get them to reinstate it

Tim Akpinar
Tim Akpinar
answered on Oct 11, 2024

A Florida attorney could advise best, but your question remains open for two weeks. I'm sorry this happened to you. If you were represented by an attorney in a property transaction, they might know more. Check with the insurance carrier how they provided notice - regular mail, email mail,... View More

2 Answers | Asked in Consumer Law, Insurance Bad Faith and Insurance Defense for Nevada on
Q: I have a TOY Hauler that was damaged and should have been totalled. The damage was done during towing out of mud.

The insurance denied that part of the claim due to wear and tear however they paid for the wall to be repaired. I have pictures that the wall was intact until it was towed out of the mud. There is no wear and tear it's a 2019 and I have never taken it out camping due to being in the shop. How... View More

Jennifer Setters
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answered on Oct 3, 2024

Every case is unique, hence in circumstances like these—where your toy hauler was damaged during towing—and where the insurance company refused part of the claim—you should get advice from an attorney who can assess your particular circumstances. You could follow these guidelines:

Get...
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1 Answer | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for Ohio on
Q: Ohio; loss of use of my vehicle included in bodily injury claim? Bodily injury should include mental health?

I’m trying to get loss of use compensation from the insurance company if the girl that hit me last year. They responded that they already paid my insurance company for loss of use and all other claims are under my bodily injury claim. My insurance company has no record of them send payment for... View More

Tim Akpinar
Tim Akpinar
answered on Oct 1, 2024

An Ohio attorney could advise best, and more specifically, your own attorney on the case. But your question remains open for a week. It's difficult to give a "short answer" here because loss of use of your vehicle could depend on your policy and/or liability in the case. This may or... View More

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Michigan on
Q: What happens if you do a roof for someone with insurance and they only give you two of the three checks issued to them?
Tim Akpinar
Tim Akpinar
answered on Sep 30, 2024

A Michigan attorney could advise best, but your question remains open for a month. Until you are able to consult with a local attorney, the most inexpensive starting point could be to take it up with the insurance carrier. They could speak with the insured and politely advise that those checks are... View More

2 Answers | Asked in Insurance Bad Faith and Health Care Law for California on
Q: Has anyone ever had a doctor prescribe medication that had bad side effects they should have caught but didn't?

've been going to my primary doctor for the last several years for extreme pain and weakness and nonstop burning in both of of my arms. My doctor thought I had maybe a pinched nerve and sent me for a CAT scan, which showed nothing. I went for carpal tunnel testing which was an a painful... View More

Tim Akpinar
Tim Akpinar
answered on Oct 9, 2024

It is common - especially given the fact that warning labels can change, and that all doctors may not routinely perform a full spectrum of lab work as was the case with your new doctor filling in for the other's maternity leave. A medical professional could make a better assessment of your... View More

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1 Answer | Asked in Health Care Law and Insurance Bad Faith for Indiana on
Q: Is it legal to be suddenly billed for months of medical equipment usage?

I've had a CPAP for at least a year and was told that my insurance would cover it. I've just received a bill in the mail with charges going back for the last 5 months. I called the number on the bill and asked why they started charging me 5 months ago, and why they didn't send me any... View More

Tim Akpinar
Tim Akpinar
answered on Sep 23, 2024

An Indiana attorney could advise best, but your question remains open for three weeks. Until you are able to consult with a local attorney on specific Indiana law, there are usually protocols for submitting bills observed nationwide (either through insurance regulations or through the provisions of... View More

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Missouri on
Q: I got into a car accident, the person who claimed liability lives out of state their insurance does not cover my cost

They already took my car and here it is almost 3 months later and they still have not sent payment over I'm having to pay for a rental out of pocket, and harassed to put this under my insurance when I'm not the one who took liability what can I do to get this going. They deemed my... View More

Tim Akpinar
Tim Akpinar
answered on Sep 8, 2024

A Missouri attorney could advise best, but your question remains open for a week. Your reluctance to handle this through your own insurance is understandable if the other side was at fault. However, sometimes that could be a viable option - depending on the basis of (and legitimacy of) the other... View More

3 Answers | Asked in Contracts and Insurance Bad Faith for California on
Q: Insurance contract contradicts itself regarding if damage is covered or not. How is this handled and who's in the right?

My main water line within my property lines broke. I filed a claim with my home warranty to cover the damages. They state that the damage isn't covered as it's not within their Covered Items (this is correct). However, their contract also states that leaks within the Covered Home are... View More

Neil Anapol
Neil Anapol
answered on Sep 9, 2024

I would not attempt to interpret the contract without seeing the contract. However, home warranty contracts are not considered to be insurance. Therefore, there is no such thing as an action for bad faith against a home warranty company. At most, you could sue for the cost of the repair.... View More

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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Illinois on
Q: I need help here I'm out 48 thousand dollar and only got a partial payment of 3000 and I never signed off on this matter

I find it all unjustified how I was done in this matter of my things I worked hard for for 17 years and got 3000 dollars out of all it 48 thousand worth and showed proof of what they asked and I got 3000 for all of it and that was 2 years ago and I didn't sign off on anything in this matter so... View More

Tim Akpinar
Tim Akpinar
answered on Sep 1, 2024

An Illinois attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. It sounds like you're basically saying you got shortchanged on an insurance claim. If that's the case, you could set up a consult with a local attorney to review the... View More

3 Answers | Asked in Insurance Bad Faith, Insurance Defense, Consumer Law and Car Accidents for California on
Q: can liberty mutual say (lie) that i called in to change my collision insurance (only the collision portion) to an older

car that i had, which was paid off. why would anybody do that? one car is 30 years old and the newer car is still on a lien with the bank!They switched it from, my bank owned mind you, car just when i get in an accident and file claim. all of a sudden they wont pay a dime saying 2year prior i... View More

Leon Bayer
Leon Bayer
answered on Aug 31, 2024

Your position sounds logical, but I do see some flaws in your argument. You say this happened 2 years earlier, right? So, are you saying that for the last 2 years, you never looked at your insurance bills, and never noticed that your rates and coverage had changed? I find that hard to believe, if... View More

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1 Answer | Asked in Insurance Bad Faith for Nevada on
Q: Is it legal for an insurance co. to declare a total loss & refuse to include the ADA conversion package in the comps?

I purchased a used minivan, for my father, from a local dealership. He’s handicapped & it was equipped with a full ADA conversion. After speaking to the adjuster she said she was going to call the company to verify the conversion details. The company confirmed the vin # and the date the... View More

Leonard Stone
Leonard Stone
answered on Aug 30, 2024

The insurance company is required to act in good faith and deal fairly with you. In my opinion, the insurer should consider all relevant factors in determining the value of the vehicle, including modifications that enhanced the vehicle's value.

ADA conversion packages are often...
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1 Answer | Asked in Insurance Bad Faith for Texas on
Q: I had a roofing company is threatening to put a lien on my house because the insurance company did not fully pay.

Their representative told me numerous times that I would only have to pay my deductible. The insurance company is not covering the water damage on the inside of the house. The roofing company has an outstanding balance of 16,000. They are requiring that I pay that amount or they will put a lien... View More

Tim Akpinar
Tim Akpinar
answered on Aug 28, 2024

A Texas attorney could advise best, but your question remains open for two weeks. An attorney consult might be a starting point in sorting this mess out - depending on your policy, the terms of releases signed by the company, their original work contract (and any change orders), your insurance... View More

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Georgia on
Q: When making a right hand turn if someone speeds around you and hits your passenger side shouldn't their insurance cover?

I was slowing to make a right hand turn into my driveway the kid behind me said he thought I was going left and was trying to go around. He hit my front fender and mirror (passenger side). We both have Allstate and they say I can either pay 40% of the damages to my vehicle and nothing on his or I... View More

Tim Akpinar
Tim Akpinar
answered on Aug 23, 2024

A Georgia attorney could advise best, but your question remains open for almost two weeks. That defense is commonly raised in settings where the turning vehicle was far enough away from the direction of the turn to enable a vehicle to try to pass inside. You could challenge it, on your own or with... View More

1 Answer | Asked in Insurance Bad Faith, Medical Malpractice, Small Claims and Workers' Compensation for Texas on
Q: can I file law suit for bad faith, pain and suffering , malpractice against an insurance carrier , intentional neglect

The claims management company, representing the insurance company, failed to provide a reasonable level of care for the treatment of a crush injury to the lower extremities. They did not offer suitable recovery or rehabilitation pathway that would be typical for a patient with similar injuries.... View More

John Michael Frick
John Michael Frick
answered on Aug 14, 2024

A claim for misrepresentation of the terms of the workers’ compensation insurance policy is really the only potential claim for bad faith by a workers compensation insurer in Texas. Your question does not indicate a misrepresentation concerning the terms of your workers' compensation... View More

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