Ask a Question

Get free answers to your Insurance Bad Faith legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Insurance Bad Faith Questions & Answers
3 Answers | Asked in Insurance Bad Faith, Insurance Defense, Personal Injury and Traffic Tickets for New York on
Q: More than 1 year later I get a Hereby summoned by hit a pedestrian, Should I report to my insurance or get a lawyer too

A pedestrian crossed the street several feet away from the crosswalk during a heavy rain, I called 911 but the pedestrian wanted to leave and I didn't let him and I told him he had to wait because I called for attention, the firefighters arrived and asked him if he felt anything, he said no... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 6, 2025

As my colleague correctly advised, report this matter to the insurance company you had at the time of the incident. It will perform its own investigation of the occurrence, assign counsel to defend you in the lawsuit and pay any judgment entered against you up to the limits of your liability... View More

View More Answers

3 Answers | Asked in Insurance Bad Faith, Insurance Defense, Personal Injury and Traffic Tickets for New York on
Q: More than 1 year later I get a Hereby summoned by hit a pedestrian, Should I report to my insurance or get a lawyer too

A pedestrian crossed the street several feet away from the crosswalk during a heavy rain, I called 911 but the pedestrian wanted to leave and I didn't let him and I told him he had to wait because I called for attention, the firefighters arrived and asked him if he felt anything, he said no... View More

Tim Akpinar
Tim Akpinar
answered on Jan 5, 2025

You should let your insurance carrier handle the response. Make a copy of the summons and complaint and give the original to the insurance carrier with whom you had a policy in effect at the time of the accident. Do this immediately, as there is a short time window in which to respond. Keep a copy... View More

View More Answers

2 Answers | Asked in Contracts and Insurance Bad Faith for Florida on
Q: In Florida, what steps must be taken for a private Lessor to repo a vehicle from Lessee, they are in contract with?

contract for a vehicle where a family member was the holder of the vehicle's loan, the bank held the title. he was a lessor and lived in SC, where the car was licensed and registered. The Lessee lives in FL and was making loan and insurance payments to the Lessor. The contract specifically... View More

Erik A. Perez
Erik A. Perez
answered on Dec 27, 2024

In Florida, a lessor can repossess a car without prior notice to the lessee, provided that the repossession is conducted without breaching the peace. According to Florida law, Lessor’s right to possession of goods., a lessor has the right to take possession of the goods after a default by the... View More

View More Answers

1 Answer | Asked in Insurance Bad Faith, Legal Malpractice and Medical Malpractice for Ohio on
Q: medical malpractice dentist suer not explaining procedures and I am in great discomfort and it is ruining my life

dentist work over the years and different dentist and a dental franchise hued and bright now never explained procedures to me and it caused me to lose teeth with out explaining side effects and damage and not explain root canal procedures before doing them and my insurance does not cover the... View More

Tim Akpinar
Tim Akpinar
answered on Dec 24, 2024

An Ohio attorney could advise best, but your question remains open for three weeks. This looks like it has the makings of a difficult case that many law firms would be reluctant to take on. This is not to say that you did not suffer. Any observer would probably have sympathy for your plight.... View More

2 Answers | Asked in Insurance Bad Faith, Land Use & Zoning and Real Estate Law for Florida on
Q: Loss usage of property

My elderly mother has loss usage of her property. The county allowed a realtor to mislead her by telling her she had her own tree lined driveway knowing the driveway was in dispute. Tropic Shores Realtor in Hernando County FL. The seller covered up issues with problem neighbors and the drive. Two... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 16, 2024

"We can't get the judge to do a restraining order..." Was your mother represented by a lawyer in seeking such an order? If not, schedule a consultation with a lawyer in your area and start from scratch. If she did have a lawyer, any lawyer you consult with would have to review... View More

View More Answers

2 Answers | Asked in Insurance Bad Faith and Real Estate Law for California on
Q: Do homeowners have a duty to maintain trees or can they rely on insurance companies to cover any damages they cause?

Neighbor is limiting the use of my driveway. I cannot park in my own driveway where I want because of a hazardous tree.

A homeowner on my street, has a hazardous tree he refuses to remove (a very large dead Modesto Ash). The ground at the base of the tree can be seen lifting up during... View More

William John Light
William John Light
answered on Dec 13, 2024

You can contact the city, which may have an ordinance about diseased or dead vegetation. Code enforcement might require him to remove the tree. Otherwise, you would have to file a lawsuit alleging a nuisance, and request an injunction ordering him to remove the dead tree. You would need a... View More

View More Answers

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Contracts for New York on
Q: Can I do anything about an agent at my car insurance company lying about coverage?

When I renewed my car insurance policy, I was told that some optional add-ons were not optional and I had to accept. I found out a day later that she lied and it was not true. Now the company is saying it can be fixed by the agent but they're making it EXTREMELY difficult. I'm on my 6th... View More

Tim Akpinar
Tim Akpinar
answered on Dec 8, 2024

This looks like something that could be remedied without attorneys. You could try to continue to work with their customer service to get the options you want. If the first person you spoke with was inexperienced and provided incorrect information, it's possible you may have to pay whatever... View More

1 Answer | Asked in Insurance Bad Faith for Tennessee on
Q: Do I have a negligence claim against my insurer for delaying my storm damage claim due to their address error?

A severe storm damaged my home on Sept. 28, 2024. Despite clear evidence of damage, my insurer delayed the claim process, repeatedly demanding more inspections, interviews, and placing me under a special investigation. They seem suspicious that I don’t actually live in my home, which is required... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 6, 2024

Suing an insurance co for bad faith is possible, but only up to 25% of claim amount is possible judgment. (both are by Statute) Ins Co can also counterclaim for bad faith suit against you. It is risky and difficult to sue your own carrier, but talk to some real lawyers in your area about... View More

2 Answers | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: My grandma purchased from national life in 1986. She’s paid twice what the policy is worth. Should she still be paying?

She feels like she has been completely miss lead. We already filled a complaint with the department of insurance and are waiting for them to investigate.

Adam Stoddard
Adam Stoddard
answered on Nov 15, 2024

It really depends on what the insurance policy and terms say. Your grandma's relationship with National Life is contractual. If she is paying a monthly or annual premium to keep the policy active, if she stops paying, she may no longer be able to receive the benefits of the policy. You should... View More

View More 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

View More Answers

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
PREMIUM
Jennifer Setters pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

View More Answers

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

View More Answers

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.