Lawyers, Answer Questions  & Get Points Log In
Insurance Bad Faith Questions & Answers
3 Answers | Asked in Car Accidents and Insurance Bad Faith for Oregon on
Q: Why is the insurance company forcing me to use my PIP to reimburse me for my lost wages for a non-at fault accident?

I was in an accident were liability was determined to be completely the other drivers fault. Both of us have the same insurance carrier (Progressive). The insurance company forced me to use my own PIP to pay my medical bills. I would have rather not used my own policy (PIP) and filed a third... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Apr 8, 2020

Because that is how it works until you settle with the insurer for the at-fault party. That insurer has no obligation to pay you anything until you settle or take them to court. This is why PIP exists, so you can get medical care and lost income while you wait to be able to settle with the other... Read more »

View More Answers

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Florida on
Q: My grandmother cashed out my grandfather's life insurance policy that I was the beneficiary of while he was still alive.

My grandfather had dementia and my grandmother took over all finances including taking money from a policy that was meant for me. Is that legal of her to have done that while he wasn't of sound mind?

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 7, 2020

She may have had a durable power of attorney or have been appointed guardian. Ask the insurance company what documentation it has.

2 Answers | Asked in Insurance Bad Faith for California on
Q: Tow truck driver damaged motorhome and I lost my job because it required me to live onsite in the motorhome.

Mr. Light I just wanted to thank you so much for your timely and informative responses. You suggested I go through my comprehensive insurance, but unfortunately the motorhome was not insured at that time. The tow truck drivers only response to the accident was "this happens all the time". AAA... Read more »

William John Light
William John Light answered on Apr 5, 2020

Ask them for the name of their general liability insurer and policy number. Contact the insurer and inform it you want to make a claim. Support your claim with evidence: photos of the pothole, photos of the damage, estimates for repair or total loss, documents establishing your loss of wages.... Read more »

View More Answers

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Insurance Defense for Florida on
Q: Clinic said they accepted my insurance, are billing me almost a year later. Insurance says they’re out of network.

I wouldn’t have gone if they hadn’t told me they accepted my insurance. Now I have a bill for $568. If they didn’t accept my insurance, why do I have records of my ‘co-pays’ of $40 and $20 (standard for my insurance)? Not only that, but I had to seek treatment elsewhere because they... Read more »

Jeffrey Snyder
Jeffrey Snyder answered on Apr 2, 2020

First, get the explanation of benefits from your health insurance. Did the provider even send their bills to the health insurance at all? It sounds like they may be trying to "balance bill" you, which is illegal.

1 Answer | Asked in Estate Planning, Insurance Bad Faith, Insurance Defense and Probate for Tennessee on
Q: Can my grandpa file a claim against my deceased grandma's estate for our insurance policies?

My grandmother owned life insurance policies on my grandpa and myself. We want to cash them out because they are horrible policies. They were supposed to transfer ownership to my grandpa but never did after we filled out the paperwork. Now they are saying we need all of my grandmother's heirs to... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 1, 2020

You did not state this, but it sounds like your grandmother has passed and there are things still in her name, such as these life insurance policies. You should contact a probate attorney to help you with getting those assets retitled. The type of process that will be needed will depend on more... Read more »

1 Answer | Asked in Employment Law, Health Care Law, Insurance Bad Faith and Insurance Defense for Ohio on
Q: My employer changed health insurance companies and my old therapist is not covered. I have a bill for 3 months of visits

I’m in Ohio and my employer changed insurance companies effective the first of this year. Neither I nor my therapist realized that this change made her out of network as many of her patients have the same employer as I and I found her through my old insurance which was provided by the same... Read more »

Carrie Dyer
Carrie Dyer answered on Apr 1, 2020

Your employer will not be liable to pay or waive the expense. It is your responsibility to ensure that your health care providers are covered under your employer's insurance plan. You can ask if your therapist or your insurance company is willing to work with you on payments.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Florida on
Q: According to Florida Statute 768.28 in a civil case against citizens insurance ( under FL CFO) are fees capped at 25%?

The insurance is state run so the state office under Florida s Chief Financial Officer has to approve any settlement the state was the only one offering property insurance for obtaining a mortgage in march 2010 there was no other option for insurance it became a negligence claim after they offered... Read more »

Charles M.  Baron
Charles M. Baron answered on Mar 31, 2020

768.28 imposes restrictions on tort claims (such as negligence) against State and local government entities. A claim against your own insurance company (that is, a first party claim) for breach of its insurance policy is a contract claim, rather than a tort claim. Without doing the research, my... Read more »

1 Answer | Asked in Car Accidents, Civil Litigation and Insurance Bad Faith for Oklahoma on
Q: in a total loss claim can the insurance co deduct the salvage value from the actual cash value that is due for claimant

this was a five vehicle ,accident the fifth vehicle was a Ford F-250 truck and the insurance company for the driver's insurance co. accepted full responsibility for all damages by subrogation

Peter N. Munsing
Peter N. Munsing answered on Mar 30, 2020

If the claimant wants to keep the car, yes they can say "well,you are getting back what the salvage value is." Now you need to determine how they figure that, and if what you get will allow you to repair the car to the level it can be inspected. If there are problems with that or other problems... Read more »

1 Answer | Asked in Consumer Law and Insurance Bad Faith for Idaho on
Q: Guild mortgage refusing to pay contractor building burned residence. Holding Insurance money.

Licensed contractor has a signed contract with Guild Mortgage. is there a cause of action?

Kevin M Rogers
Kevin M Rogers answered on Mar 27, 2020

There’s ALWAYS a cause of action. Question is, which party are you? Are you the builder? Contractor? Guild Mortgage? So many questions have I.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Colorado on
Q: I need find a lawyer to discuss a contract signed with a roofing contractor related to a home insurance claim.
Donald C Eby
Donald C Eby answered on Mar 26, 2020

Call me 303-688-0944 or schedule online at www.robinsonandhenry.com/locations

Q: Settled, incident 3+yrs ago. Lawyer never contacts us & refused itemized. Over 2x more $ and now being told out of cntry

Personal insurance covered everything when stores should have, so they taking for every doc visit, which still happens frequently. Delays seem to be from our own lawyer at this point, we were told to sign months ago, without being able to see itemized receipt even though we asked for it. The... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 20, 2020

If lawyer is out of country and has access to email, that should still enable wrapping up paperwork for case. If you are able to establish email contact and carrier is willing to work with digital scans of releases, lien forms, and other related paperwork for closing out the case, that might be an... Read more »

View More Answers

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: My stepson totaled my wife’s car, he isn’t on my insurance policy, can I be compensated from his insurance for my loss ?

My insurance paid the vehicle off, I lose my down payment and 8 monthly payments made.

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 18, 2020

Yes, perhaps, if he was at fault.

1 Answer | Asked in Car Accidents and Insurance Bad Faith for California on
Q: motorhome required to be my residence as campground mgr. was damaged due to tow truck drivers error while being towed.

Tow truck driver drove through a huge pothole in parking lot. Pothole could easily have been avoided. The underside of motorhome was ripped out, including the generator and plumbing. The motorhome could not serve as my residence due to the severe damage and I was unable to fulfill the... Read more »

William John Light
William John Light answered on Mar 13, 2020

It would be easier to make a claim with your own insurance and let it pursue the tow truck driver for whatever liability it could prove. If you don't have insurance, you can try to pursue the tow truck driver. If your damages are $10k or less, you can file in Small Claims and get a Judgment of up... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Federal Crimes and Insurance Bad Faith for Tennessee on
Q: Can I sue an insurance company for being added to a policy without my consent

Just found out my crazy recent ex has me on her automobile insurance. First of all I don't even have a driver's license second of all nobody talk to me I never signed anything nor did anyone get my consent can I sue the insurance company? I have the insurance card with my name on it and the policy... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 6, 2020

As to the auto policy, you probably have no cause of action since you have no damages at this time. Unless it is provable it hurt your credit rating or something, there is no case. You could file a Declaratory Judgment action to get your name off, but you should just call the Carrier and complain.... Read more »

1 Answer | Asked in Insurance Bad Faith for California on
Q: How do I go about getting a court order to receive transcribed/taped phone conversations from my insurance company.

Concerning auto accident. Twice their agents told me they would defend me if I was sued as a result of an auto accident, and then their lawyers suddenly said they would not defend me. I would like a copy of those two conversations they recorded. They said I need a court order in order to release... Read more »

William John Light
William John Light answered on Mar 4, 2020

You will have to sue them and then serve a Demand for Production of Documents, specifying what it is you want them to produce to you. Contact a Bad Faith attorney to discuss.

1 Answer | Asked in Insurance Bad Faith for Maryland on
Q: What are a wife and kids chances of being entitled to a mans life insurance if it was left to his mother
Tim Akpinar
Tim Akpinar answered on Mar 1, 2020

You could pose your question to a Maryland attorney who works with estate matters. You'll find them on this site under the Probate and Estate Planning sections, or you could search for someone independently. However, your post remains open for three weeks. As a general premise, someone can... Read more »

1 Answer | Asked in Civil Litigation and Insurance Bad Faith for Mississippi on
Q: Asking for son. He is 100% disabled from a oil field accident and is a widower with very little money.

A tree fell into his house but insurance engineer states it did not photo's show different. It has 9 broken 2x6's. He was put in hospital after the insurance company was told his condition and continued to call, have medical records. Have their engineering report which is bad and they missed... Read more »

Arthur Calderon
Arthur Calderon answered on Feb 29, 2020

It sounds like there is definitely the beginnings of a bad faith claim. I would highly encourage you to reach out to a lawyer. You can reach out to any lawyer on here by clicking the contact information next to their name. Most of us, myself included, are happy to provide a free consultation to see... Read more »

1 Answer | Asked in Insurance Bad Faith on
Q: Is it legal for my insurance company to lie to me or knowingly withold information about my claim.
Richard E. Palumbo Jr.
Richard E. Palumbo Jr. answered on Feb 28, 2020

Unfortunately insurance companies (i.e. homeowner's insurance companies) often put profits ahead of people (i.e. homeowner's, business owners and insureds). Insurance companies regularly break the law and act in bad faith when handling insurance claims (i.e. property damage insurance claims like... Read more »

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for North Carolina on
Q: How do I claim a life insurance fund from a person who recently passed. We were going to do it over the phone today

He passed last night and it was unexpected, so we didn’t have enough time to put me as a dependent

Tim Akpinar
Tim Akpinar answered on Feb 27, 2020

If anyone here is going to have insight into your situation, it's going to be lawyers in the Probate - Estate Planning sections here. You could contact one of the lawyers on this site, or seek someone independently through your own searches. It isn't insurance bad faith if a beneficiary is not... Read more »

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.