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Insurance Bad Faith Questions & Answers
2 Answers | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for New Jersey on
Q: Very odd question. About a month ago I received a call from my car insurance company stating their was a bodily injury

Claim against me for a car accident I was in last year. The issue is I was never in accident. I followed up with my insurance today and they claim the other parties lawyer , car insurance and police department won’t release accident report to my car insurance? I’m very confused and just don’t... View More

Joel Gary Selik
Joel Gary Selik
answered on Dec 12, 2023

Your insurance company is required to keep you informed and provide to you information.

Unfortunately, even though you do not want to be bothered, this is something that can happen. You should be able to obtain from the insurance company the claim made by the allegedly injured person....
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2 Answers | Asked in Insurance Bad Faith for California on
Q: My truck was stolen while rented on turo. Turo’s insurance came back with a low settlement. Truck has not been recovered

Turo did not go through the proper verification process for the person who rented my truck. This guy created his profile using a picture of an ID from another country. I called turo before handing this man my keys to raise my concern and ask them if he had been verified. They said he was approved... View More

Tim Akpinar
Tim Akpinar
answered on Dec 21, 2023

Based on the high value of the truck at $145K, you may want to consider consulting with an attorney. If you are not able to come to an agreement after diligently presenting comparable market value vehicles, an attorney could advise on additional options. Try to arrange a quick free consult to... View More

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2 Answers | Asked in Insurance Bad Faith for California on
Q: My truck was stolen while rented on turo. Turo’s insurance came back with a low settlement. Truck has not been recovered

Turo did not go through the proper verification process for the person who rented my truck. This guy created his profile using a picture of an ID from another country. I called turo before handing this man my keys to raise my concern and ask them if he had been verified. They said he was approved... View More

James L. Arrasmith
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answered on Dec 11, 2023

In California, if you're dissatisfied with the insurance settlement offered by Turo for your stolen truck, you have the right to challenge it.

First, gather all relevant documentation, including the original value of the truck, the amount you paid, any enhancements or special features,...
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1 Answer | Asked in Car Accidents and Insurance Bad Faith for Texas on
Q: I bought a 2018alibu after a few years I had an accident in Oct of 2022. The insurance company took 4 months for them

To get it into their car parson to look at it. Then that person deemed it totaled. I missed the parent im November and now gap won't pay for the rest of the gap even though I paid the rest till February of ,2023 . Can they do that on both the insurance company takin so long to get me in and... View More

John Michael Frick
John Michael Frick
answered on Dec 7, 2023

Under the Texas Prompt Payment Statute, insurance companies have a fixed amount of time to accept or reject a claim from a policyholder, or to request additional information. In the latter case, they have 15 days from the date that they receive the requested information. Failure to comply can... View More

1 Answer | Asked in Consumer Law, Contracts, Small Claims and Insurance Bad Faith on
Q: We submitted 2 years worth of all insurance claims recently and we're declined for all of them.

We have paid all premiums for 2+ years.

Tim Akpinar
Tim Akpinar
answered on Dec 3, 2023

A California attorney could advise best, but your question remains open for a week. If the terms of your policy, or applicable insurance regulations, required submitting bills within a given timeframe and that was not done, that could result in denials for the submittals being time-barred. But... View More

2 Answers | Asked in Insurance Bad Faith for California on
Q: Can a pet insurance raise the annual fee over 100% based on a dogs age, especially when grand fathered in to a plan?

Dog has been with Nationwide since a puppy (now is 7). Renewal notice for WHOLE PET WITH WELLNESS PLAN (a plan that no longer exists, but dog is grandfathered in) went up from $184 to $424 a month.

James L. Arrasmith
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answered on Nov 6, 2023

In California, pet insurance is regulated by the Department of Insurance, and while insurers are generally allowed to set their premiums based on risk factors including the age of a pet, any rate increases must be filed with and approved by the Department. If your pet’s insurance premium has... View More

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1 Answer | Asked in Insurance Bad Faith and Contracts for Georgia on
Q: Can my home owners policy be cancelled if it’s an open claim?

I provided a new form of payment method to cover the payment via their portal. Their portal did not update to reflect the cc on file and yet my payment was not paid due to their portal error. They refuse to correct this issue. Now I am being penalized for their negligent!

Tim Akpinar
Tim Akpinar
answered on Oct 14, 2023

A Georgia attorney could advise best, but your question remains open for a week. An attorney may want to examine the matter in more detail, in terms of the set-up of the portal, your actions, their actions, and other possible factors. You could try to arrange a free initial consult with a local... View More

3 Answers | Asked in Insurance Bad Faith and Insurance Defense for Alabama on
Q: Does an insurance company have to tell you when you are being sued, can they settle without your consent?

Does insurance company have to tell you when you are being sued? Can they settle without telling you? Can they put claims on your policy that are not true?

John Michael Frick
John Michael Frick
answered on Oct 12, 2023

1. A party suing you, including your own insurance company, is required to serve you with process notifying you of a lawsuit.

2. If a claim is covered by your insurance policy and you tender it to your insurance company for a defense, in many instances, the policy expressly provides...
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3 Answers | Asked in Insurance Bad Faith and Car Accidents for California on
Q: I was in an accident which they have deemed my fault. Can my ins company drop me and deny claim after accident

They Dropped me for not having step son excluded from policy although he was not involved in accident, and said I was using car for business, which is incorrect I was driving to work in my girlfriends personal vehicle. I applied for Ins. Over the phone and they never asked me about exclusions.my... View More

James L. Arrasmith
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answered on Oct 10, 2023

Under California law, insurance companies have the right to cancel a policy if they determine that there was a material misrepresentation or omission during the application process. If your insurer believes that you did not disclose a potential driver (your stepson) or that the vehicle was being... View More

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1 Answer | Asked in Insurance Bad Faith for Arkansas on
Q: I have a claim on my house that was denied by State Auto. A Broker in Harrison Ar originated the Policy.

They are denying damage from a leak under my home where mold and damage to my floor joists occurred. I had the repair on the plumbing leak fixed in March 2023, yet I'm being told they won't repair the wood damage because "it isn't on my policy, which it is. After I showed them... View More

Tim Akpinar
Tim Akpinar
answered on Oct 6, 2023

An Arkansas attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. One option in such a situation could be to place the claim into suit, depending on additional details. You could reach out to attorneys to try to set up a free initial consult to... View More

3 Answers | Asked in Insurance Bad Faith for California on
Q: The insurance is not following the agreement to the settlement, can I sue in bad faith?

The Insurance is supposed to give me a voucher for retraining for a new career but they have been completely ignoring me and not responding back to any of my messages.

T. Augustus Claus
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answered on Oct 5, 2023

In California, insurance companies have an implied covenant of good faith and fair dealing. If they fail to uphold this duty, policyholders or claimants might have grounds to sue for bad faith. Not following the terms of an agreed-upon settlement can be seen as an act of bad faith. However, before... View More

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3 Answers | Asked in Insurance Bad Faith for California on
Q: The insurance is not following the agreement to the settlement, can I sue in bad faith?

The Insurance is supposed to give me a voucher for retraining for a new career but they have been completely ignoring me and not responding back to any of my messages.

James L. Arrasmith
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answered on Oct 10, 2023

In California, if an insurance company fails to uphold its obligations under an agreement or settlement, it may be considered acting in bad faith. Insurance companies have a duty to act in good faith and deal fairly with their insureds. If you have a written settlement agreement where the insurance... View More

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1 Answer | Asked in Insurance Bad Faith for Florida on
Q: dental in april said my remaining 7 front teeth were so bad that they had to go . and iwould need bottom denture .

I can't afford that they said this will be all covered by your insurence I agreed then trrth pulled , temp. bottom plate when back several times for bone spur a7 adustments Never aver being asked for any kind of payment , THEN APPROX. 4 WEEKS AGO RECEIVED PHONE CALL FROM DENTAL MANGER... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 1, 2023

You indicated that the insurance company assured you everything is covered, and the dental office advised you they are working on it - meaning they are working on it to confirm the coverage? And meaning that in the next day or two, they may call you and tell you the coverage is fine and to come on... View More

2 Answers | Asked in Insurance Bad Faith for New York on
Q: Can a doctor recode and bill insurance after receiving a denial claim?

A patient was seen as a new Medicare wellness visit but had previously had one within the year by another physician unbeknownst to the office. So the claim was denied and the Dr. Wants to recode and resubmit.

Tim Akpinar
Tim Akpinar
answered on Sep 29, 2023

They generally can. I'm not certain of the specific rules for Medicare billing, but in just about all forms of insurance for health care claims, examiners can delay claims for CPT coding errors and allow a medical office to resubmit claims with the proper codes. It also depends on the... View More

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2 Answers | Asked in Insurance Bad Faith for New York on
Q: Can a doctor recode and bill insurance after receiving a denial claim?

A patient was seen as a new Medicare wellness visit but had previously had one within the year by another physician unbeknownst to the office. So the claim was denied and the Dr. Wants to recode and resubmit.

T. Augustus Claus
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answered on Sep 28, 2023

In New York, a doctor generally can recode and resubmit a claim to insurance if the original claim was denied. However, the recoding must accurately reflect the services provided, and the practice could be subject to audit. Additionally, Medicare has specific rules and timelines for resubmitting... View More

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2 Answers | Asked in Insurance Bad Faith and Car Accidents for California on
Q: Restitution hearing awarded me $14,000, $4200 was for vehicle. Her insurance says III get $2,200 w/ no title (junkyard)

I was hit from behind, car was destroyed, almost died. No one at the scene ever told me that there was a person charged. Found out 9 months later that they had found the person (that night). My life already went on, and it took 3 years to get a judge to award me compensation. The judge went off... View More

James L. Arrasmith
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answered on Sep 28, 2023

In California, the value of your car in a restitution order should typically be determined based on its fair market value at the time of the loss, not necessarily the Blue Book value. If your car was indeed worth $4,200 at the time of the accident, you may be entitled to that amount, and the lack... View More

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2 Answers | Asked in Insurance Bad Faith and Car Accidents for California on
Q: Restitution hearing awarded me $14,000, $4200 was for vehicle. Her insurance says III get $2,200 w/ no title (junkyard)

I was hit from behind, car was destroyed, almost died. No one at the scene ever told me that there was a person charged. Found out 9 months later that they had found the person (that night). My life already went on, and it took 3 years to get a judge to award me compensation. The judge went off... View More

Tim Akpinar
Tim Akpinar
answered on Oct 1, 2023

That's a sizable penalty to base on absence of a title. Title should not ordinarily affect value - unless they are suspecting diminished value due to a salvage title. Pose this to your attorney if you are being represented and explore how long it would take and how much it would cost for... View More

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2 Answers | Asked in Insurance Bad Faith for California on
Q: Can a car insurance company cancel my policy if payments where made every month , claiming it was for non paymemt?

I was insured by Infinity and was making installment. Payments on my policy , there was no changes on my policy… on the 6 month of my policy they billed me for an amount deferent then my schedule payments , increasing from 340 to 800 and the remaing months lowering to 240 causing my payment to... View More

James L. Arrasmith
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answered on Sep 28, 2023

Under California law, an insurance company typically cannot cancel a policy for non-payment if payments were made consistently and in accordance with the agreed-upon payment schedule. If you have evidence of regular payments and your policy was canceled erroneously, you may have grounds to... View More

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1 Answer | Asked in Insurance Bad Faith and Insurance Defense on
Q: My brother who has been in jail for several years, gave me Power of Attorney for Triple-S-Vida Insurance. He gave me ful

I have full power of Attorney to handle the insurance. They have a copy but they still keep say no to me. What can I do. I think they just want up to stop so they could keep the money of the cash value.

Tim Akpinar
Tim Akpinar
answered on Sep 23, 2023

A Florida attorney could advise best, but your question remains open for three weeks. An attorney might ask for additional details to advise, in terms of what caused the problem - notarization of power of attorney, scope of power of attorney, claim/value-related issues, etc. Those are only general... View More

1 Answer | Asked in Consumer Law, Contracts and Insurance Bad Faith for Indiana on
Q: Can my homeowners insurance refuse to replace my furnace if it was damaged by a power surge and voided the warranty?

The AC/furnace is 4 months old and had a 10 year warranty. The power surge voided the warranty. The insurance company wants to fix it instead of replacing it, which means I lose the remaining 9+ years of warranty. They also want to pay me $500 to replace a $1200 washing machine that the power... View More

Tim Akpinar
Tim Akpinar
answered on Sep 20, 2023

An Indiana attorney could advise best, but your question remains open for two weeks. On option might be to discuss their proposed repair/component replacement with your furnace company (if you mean their warranty) - if the power surge only affected control components. Another route could include... View More

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