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Virginia Insurance Bad Faith Questions & Answers
2 Answers | Asked in Real Estate Law, Consumer Law, Small Claims and Insurance Bad Faith for Virginia on
Q: Should I file an insurance claim, work with my neighbors or contact an attorney?

The issue involves an HVAC company (AllTech) that performs HVAC and plumbing services on my condominium (Unit 304) and my neighbor’s (Unit 404) who lives directly above me. The issue is that AllTech failed to properly re-insert the condensation pipe into the drain when performing service on Unit... View More

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Aug 21, 2023

Assuming the condominium unit is in Virginia, I don't understand why you would not report a claim to your hazard insurance company for damage to your unit. The insurance proceeds will be used to repair the damage to your unit. Your insurance company will be subrogated to your right's to... View More

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1 Answer | Asked in Insurance Bad Faith for Virginia on
Q: What steps EXACTLY DO I need to proceed with 1. Letter of demand to insurance company AND agent/ agency??

Insurance agent (local) and/or Company intentionally acting in bad faith claims in a previous insurance claims. Literally agent never sent out an adjuster of any kind to file official "total loss" on vehicle. Which has now led to a mountain of excessive amounts of taxes, DMV suspensions,... View More

John Michael Frick
John Michael Frick
answered on Jun 13, 2023

It is unlikely that it is incumbent on a party's insurance agent to send out an adjuster. Typically, a party's insurance agent procures insurance on their behalf from an insurance company and forwards them a copy of the insurance policy. On occasion, a party's insurance agent may... View More

1 Answer | Asked in Consumer Law, Products Liability and Insurance Bad Faith for Virginia on
Q: I purchased a warranty from Endurance about 3 months ago. My car went into the shop about a month ago. It needs repairs

I purchased a warranty from Endurance about 3 months ago. My car went into the shop about a month ago. It needs repairs that are covered by the warranty and they will not pay. Can you help me?

Tim Akpinar
Tim Akpinar
answered on Jan 15, 2024

A Virginia attorney could advise best, but your question remains open for four weeks. Your question could be difficult to address within the brief scope of this Q & A forum. An attorney would likely want to see the agreement, information about the repairs, denial forms, correspondence, and... View More

1 Answer | Asked in Insurance Bad Faith for Virginia on
Q: I have a Question about an unauthorized payroll deduction from an insurance company.

Mercer voluntary benifits somehow added someone else to my account without my approval and withdrew $980 for the other persons insurance premiums from my paycheck also without my approval and verifying my identity.

Tim Akpinar
Tim Akpinar
answered on Oct 14, 2023

A Virginia attorney could advise best, but your question remains open for a week. A starting point could be to contact them to ask how this happened and how it will be corrected. If your reasonable attempts don't work toward a resolution, you could reach out to attorneys to help you outline... View More

1 Answer | Asked in Products Liability, Collections, Insurance Bad Faith and Insurance Defense for Virginia on
Q: What should I do, enterprise wants me to pay them 14000 for damages to a vehicle I wrecked in Mexico a year ago.

Got into an accident in my truck.

Insurance paid for a rental car.

I went to Mexico in the enterprise rental car.

Got into an accident.

Enterprise had the vehicle transported to El Paso, Texas.

Enterprise tried to bill my insurance company, they denied the... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 25, 2023

Among other issues, what may be relevant is why your insurance company denied the claim.

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for Virginia on
Q: Can a car insurance company pay select medical bills? I really need to know before I sign

I went to court for a car accident. I was injured and not at fault but our cars didn't see much damage. I won but the settlement wasn't high enough to cover my treatment and etc so I filed an appeal but my attorney at that time refused to move forward with Me through the appeal So I did... View More

Tim Akpinar
Tim Akpinar
answered on May 5, 2022

A Virginia attorney could advise best, but your question remains open for three weeks. You ask if it is possible for defendant's insurance company to pay only select medical bills. In GENERAL NATIONWIDE, if your payment is coming from the bodily injury/liability department, they may not... View More

1 Answer | Asked in Personal Injury, Car Accidents and Insurance Bad Faith for Virginia on
Q: Can I take documents to trial? And what's the best way to represent Myself?

I am probably unlucky case wise. I'll start by saying I have scoliosis, My back is sensitive to impacts. I was Struck on 2 diff occasions by 2 diff women. 7/1 I was rear ended at a red light. The lady admitted fault but I wasn't awarded much because my car didn't show much damage.... View More

Tim Akpinar
Tim Akpinar
answered on Apr 24, 2022

A Virginia attorney could advise best (or Massachusetts attorney, since Boston MA is also listed in your post?) That aside, your post remains open for three weeks. An attorney could have a difficult time advising here - they would likely want to see the files for both accidents.

I'm...
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1 Answer | Asked in Insurance Bad Faith, Personal Injury, Car Accidents and Insurance Defense for Virginia on
Q: Can I still try and negotiate a settlement? And are insurance companies willing to settle on a low balance for long cas

I was injured in a car accident a couple years ago, and I was awarded a very small amount last year which wouldn't cover the full medical cost.I no longer have an attorney but I was told by an attorney, although he wouldn't represent me, that I could ask the health insurance if they had a... View More

Tim Akpinar
Tim Akpinar
answered on Apr 10, 2022

A Virginia attorney should advise you here, but your question remains open for two weeks. Your description contains many facts to sort out, and requires the guidance of a local attorney, not just a response based on general legal principles.

From what I can sort out, you were awarded a...
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1 Answer | Asked in Health Care Law, Insurance Bad Faith, Personal Injury and Car Accidents for Virginia on
Q: Can I ask My health insurance for a settlement amount?

I was injured in a car accident a couple years ago, and I was awarded a very small amount which wouldn't cover the full medical cost.I no longer have an attorney but I was told by an attorney, although he wouldn't represent me, that I could ask the health insurance if they had a minimal I... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 1, 2022

Your case is on appeal and you have collateral issues/questions-----you do not mention whether or not you have an attorney. If you do not have one, then I think you need to hire an attorney, or at least pay an attorney for a 1hour consultation and ask him the questions you have. If you do have an... View More

2 Answers | Asked in Insurance Bad Faith, Personal Injury, Car Accidents and Civil Litigation for Virginia on
Q: Can I ask the insurance co to settle myself without a lawyer? Also do I have to fill out interrogatories with no lawyer?

I was struck by two people in a car accident at no fault of mine. But there were no credible Witnesses besides us. I was injured, and have medical debt and lost wages. not to mention scoliosis so my pain is pretty deep. No lawyers around here are brave enough I guess to take on a case with no... View More

Olga Pazilova
Olga Pazilova
answered on Mar 26, 2022

You can, but I would strongly advice you against it. The opposing party will take advantage of it and will either settle for a lot less than the case is actually worth or deny liability completely. Only experienced PI attorney can properly evaluate your case and make sure you're getting... View More

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1 Answer | Asked in Insurance Bad Faith, Contracts, Criminal Law and Insurance Defense for Virginia on
Q: Is it legal to buy life insurance for more than 10 people that are acquaintances of yours? Assuming I have their consent

Relating to Maryland/Virginia

I have a lot of friends, and they are concerned with today's environment, and most are unable afford life insurance policies. If I were to buy life insurance for them and split profits with their selected beneficiaries, would it be difficult for me to... View More

Susan Fremit
Susan Fremit
answered on Jan 29, 2021

An attorney who specializes in insurance law would have a better idea about what you are asking.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Virginia on
Q: My neighbor house caught on fire and the fire also damaged my house, who suppose to pay.

At the time of the fire, i didnt have homeowner insurance on my house and the insurance company refuses to pay for the damage of my house isnt it there responsibility to pay

Tim Akpinar
Tim Akpinar
answered on Oct 4, 2020

A Virginia attorney could advise best, but your question remains open for three weeks. To offer a meaningful response, one would need to see the policy and its scope of coverage. You could look into the cost of a brief consult with an attorney to outline your most cost-effective options. If there... View More

1 Answer | Asked in Insurance Bad Faith for Virginia on
Q: My insurance did not submit evidence (video of car accident) to arbitration, is this insurance bad faith?

y vehicle hit from behind, I provided video of accident to insurance. Insurance did not provide the video to arbitration. As a result arbitration found both parties liable due to "lack of evidence".

Insurance company confirms they never provided the video, and is saying there is... View More

Tim Akpinar
Tim Akpinar
answered on Sep 14, 2019

Bad faith could be defined by state guidelines or best practices. So you'd really need to consult with a Virginia attorney as to characterizing the conduct. However, your question remains open for two weeks. As a general premise, bad faith usually involves conduct which is deliberate and done... View More

1 Answer | Asked in Products Liability, Insurance Bad Faith and Insurance Defense for Virginia on
Q: I was hit from behind and have a police report, yet the other driver's insurance company still denied my claim. how?

The insurance company said that since they were unable to get a statement from their insured that the claim was denied. However I have a police report with the report number that I already submitted to the company

Tim Akpinar
Tim Akpinar
answered on Aug 3, 2019

Depending on the practices of the claim examiner and/or insurance carrier, they may be waiting for all information to come in before reviewing and considering the claim for payment. Hopefully, their insured will cooperate in a timely manner and this will enable processing your claim.

It...
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2 Answers | Asked in Insurance Bad Faith, Arbitration / Mediation Law and Car Accidents for Virginia on
Q: What is the best course of action to take when you suffer property damage and loss of income.

The accident involved a tractor trailer and car. The car veered a considerable distance over into the tractor's lane. The insurance company is stalling and the tractor is the drivers livelihood. The claims agent said he would not send out an adjuster and after "his" investigation... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 12, 2019

Not sure whose adjuster/claims agent it is. However understand if police were called the police report will be used. Also if you have collision, use that, let your company go after theirs. Most states require that property damage be settled promptly and fairly You can always file a complaint with... View More

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1 Answer | Asked in Traffic Tickets, Car Accidents, Insurance Bad Faith and Insurance Defense for Virginia on
Q: I was hit extremely hard from the side and was cited a tic for $30, went by ambulance to ER and didn’t give statement.

The lady was flying and I don’t feel I was fully responsible. It was a brand new car and I pd cash 4 days prior and my insurance said I didn’t upgrade it from insurance I currently had, which didn’t include collision. I’m responsible for damages on my car. If she were going the speed limit,... View More

Peter N. Munsing
Peter N. Munsing
answered on Apr 16, 2018

Don't give statments until you talk to a lawyer.Call a member of the Va Trial Lawyers Assn--they give free consults.

If you failed to yield you can be given a ticket.

Generally as she was contributorily at fault you can argue to your company she should have a proportional...
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1 Answer | Asked in Insurance Bad Faith and Civil Litigation for Virginia on
Q: Which type of claim - declaratory judgement or other?

I filed a Warrant in Debt in VA General District Court against an insurance company for not paying a claim I made against my renter's insurance policy. The basis of my claim was that the damage should have been covered under the vandalism or malicious mischief peril. Malicious mischief is not... View More

F. Paul Maloof
F. Paul Maloof
answered on Feb 22, 2018

A Declaratory Judgment Complaint would be your best avenue of approach based on your reported facts.

1 Answer | Asked in Estate Planning and Insurance Bad Faith for Virginia on
Q: My father passed away in May 2017 and my two brothers and I inherited his home. The insurance policy is in dads name but

house is in my name and my brothers' names. We've been paying the homeowners insurance policy premium. How long is the insurance policy good for? Does it need to be in our names in case something happens?

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Jan 25, 2018

Depending on the value of the home, whether there was a mortgage on the home, and how the home was transferred there is a strong probability that additional steps must be taken to manage the home and not have any adverse consequences down the line. You should schedule a meeting with a Probate... View More

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Virginia on
Q: GAP insurance co refused to talk to me. Told me they were communicating with Geico. Now I'm stuck with balance.

I totaled my car in April 2017. The car was in my dad's name and I was listed as the co-signer. I had insurance though Geico and GAP coverage I purchased from the dealership. I had a concussion so my mom was taking care of most of the paperwork from the accident. She had a hard time getting... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 18, 2018

Talk to the lender. If yoiu still owed for sure they would let you know. But if you still owe, then call Gap, ask for a supervisor, explain what happened and as you are the insured,policy holder they must speak with you. If you get no satisfaction contact the Colorado AG's office of Consumer... View More

2 Answers | Asked in Insurance Bad Faith, Real Estate Law and Landlord - Tenant for Virginia on
Q: Can I sue State Farm for taking too long to communicate with us for rental ins claim and giving us wrong advice?

State Farm's rental insurance claim has denied to cover us since we negligently turned off our house heater while going on vacation causing appliance connectors to burst. Explained the situation to local agent who said I would be covered and to go to a hotel and save our receipts for food. At... View More

Richard Sternberg
Richard Sternberg
answered on Jan 18, 2018

Yes. You can take them to General District Court through a small claim. You may want legal counsel to act as an attorney advisor in teaching you how to prepare and try the matter, but the legal advice could cost a fairly large portion of the amount of your present claim.

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