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Insurance Bad Faith Questions & Answers
2 Answers | Asked in Car Accidents, Civil Rights, Insurance Bad Faith and Personal Injury for Georgia on
Q: Injury claim issues: Privacy breach, delayed subrogation, negligence. What legal recourse? Statute of limitations?

I recently experienced an auto collision and filed a bodily injury claim with the 100% at fault parities Insurance. However, the adjuster's communication has been lacking, and they failed to address important direct questions about the settlement offer. There were delays in receiving... View More

Tim Akpinar
Tim Akpinar
answered on Jul 30, 2023

It could depend on a number of factors, such as the cause for the delays. Delays can arise from sources that are not in and of themselves necessarily bad faith, such as a carrier's difficulty in reaching their insured for a statement. Subrogation files could add delays to a claim, depending on... View More

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2 Answers | Asked in Car Accidents, Civil Rights, Insurance Bad Faith and Personal Injury for Georgia on
Q: Injury claim issues: Privacy breach, delayed subrogation, negligence. What legal recourse? Statute of limitations?

I recently experienced an auto collision and filed a bodily injury claim with the 100% at fault parities Insurance. However, the adjuster's communication has been lacking, and they failed to address important direct questions about the settlement offer. There were delays in receiving... View More

James Clifton
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James Clifton
answered on Jul 26, 2023

The insurance company has a duty to act in good faith when administering a claim. Georgia Code § 33-4-7 establishes that an insurer “has an affirmative duty to adjust that loss fairly and promptly, to make a reasonable effort to investigate and evaluate the claim, and, where liability is... View More

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1 Answer | Asked in Insurance Bad Faith and Animal / Dog Law for Maine on
Q: Pet insurance denied my claim saying injury was due to illness with no explanation and I only have accidental coverage

My dog had knee surgery due to a torn ccl (acl). He was running and tore it. My insurance company is claiming it was due to an Illness. He has never been diagnosed with any sort of illness that would cause such a thing. I only have accident coverage and they won’t give me an explanation for the... View More

Tim Akpinar
Tim Akpinar
answered on Jul 15, 2023

A Maine attorney could advise best, but your question remains open for two weeks. Look at the policy and see what the provisions for dispute are - civil suit, arbitration, etc. A veterinarian is best qualified to make a call on the matter, but a ligament tear appears to be more accident-related... View More

2 Answers | Asked in Insurance Bad Faith for Texas on
Q: Is a "pollution exclusion" clause on an insurance policy an all encompassing clause with no exceptions?

Was wondering if this is an all encompassing clause? My house became contaminated by some sort of fumes related to criminal activity as some squatters/drug dealers moved into a nearby abandoned house and cooked up something that got into my vents and the whole house. I've dealt with the police... View More

John Michael Frick
John Michael Frick
answered on Jul 14, 2023

There are different types of pollution exclusion clauses, and various exceptions depending upon the type of clause in your policy.

One very common exception that may apply is the hostile fire exception. This often applies to smoke or fume damage when the source is an incident away from...
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4 Answers | Asked in Insurance Bad Faith and Personal Injury for California on
Q: Can insurance company deny to pay medical bills baed on reasonable and customary fees?

I got injured in an auto accident from other driver. His insurance company doesn't want to pay my entire medical bills only a portion of it. There reason is that they owe only reasonable and customary fees. They say that medical bills are unreasonable and "inflated." It seems like... View More

William John Light
William John Light
answered on Jul 11, 2023

Until you get a judgment against the at fault driver, his insurance company can refuse to pay you anything at all, so it is certainly entitled to dispute your medical expenses.

It appears that you are attempting to handle a personal injury claim by yourself. The insurer is not taking you...
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1 Answer | Asked in Insurance Bad Faith for Montana on
Q: Can insurance company change type of claim without proof?
Tim Akpinar
Tim Akpinar
answered on Jul 1, 2023

A Montana attorney could answer best, but your question remains open for a week. It isn't clear what you mean by changing a type of claim. Some additional information would be helpful. But as a general note, when insurance carriers receive claims at the first reports desk (contact customer... View More

3 Answers | Asked in Insurance Bad Faith, Car Accidents and Personal Injury for California on
Q: How does it go with when a lawyer who’s going after a insurance with 100k insurance policy But I don’t understand

How does it go with a insurance with 100k insurance policy I don’t understand they only want to give 4k in recovery and we can go after 100k But we have to have 100k worth of medical expenses to get that amount Now they researching and going after a hit and run so what would I get at the end I... View More

William John Light
William John Light
answered on Jun 28, 2023

You won't get $50k out of a $100k settlement. The attorney will take 33 1/3% to 40% as a fee. The attorney will be reimbursed for the costs incurred. The medical providers/insurer will be paid for the cost of care. At best, you will get about 1/3.

Nobody will tell you what your...
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3 Answers | Asked in Insurance Bad Faith, Car Accidents and Personal Injury for California on
Q: How does it go with when a lawyer who’s going after a insurance with 100k insurance policy But I don’t understand

How does it go with a insurance with 100k insurance policy I don’t understand they only want to give 4k in recovery and we can go after 100k But we have to have 100k worth of medical expenses to get that amount Now they researching and going after a hit and run so what would I get at the end I... View More

Eric Gene Young
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answered on Jul 1, 2023

I think you are raising legitimate concerns, and you are voicing a common problem clients have with their lawyers, which is a lack of communication, whether it be communication about the status of the case or simply providing education about options and outcomes. It is unfortunate because, in my... View More

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1 Answer | Asked in Insurance Bad Faith for North Carolina on
Q: Can I be denied economic recovery if the insurance didn't provide me a rental..

I was in a car accident other driver fond at fault. I was with out my car for 35 days which caused a loss to my business .. I claimed this and the insurance company says I didn't take the rental they provided.. the problem is the rental company was charging a deposit, which I didn't... View More

Tim Akpinar
Tim Akpinar
answered on Jun 22, 2023

A North Carolina attorney could advise best, but your question remains open for a week. The insurance company has a reasonable argument they provided a rental and that that rental companies do charge deposits - the amount can vary by company. The court may see them favorably in light of this - but... View More

2 Answers | Asked in Insurance Bad Faith and Car Accidents for Texas on
Q: An insurance company denied the claim

I live in Texas and have an insurance from Texas as well. I was visiting my wife in Arizona and she got in accident driving my car. The insurance company asked me for proof of ownership of the vehicle I sent them a bill of sale for a full purchase date 02/08/2023 as I paid half of the price to my... View More

John Michael Frick
John Michael Frick
answered on Jun 21, 2023

I would send the insurance company a copy of your car title and registration, and ask it to reconsider.

A bill of sale can be easily falsified or manufactured, particularly if a relative is involved.

The actual certificate of title is what shows who the actual owner of a motor...
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1 Answer | Asked in Insurance Bad Faith for California on
Q: i carry comp collision liability uninsured mortorisst. vehicle was stolen nov21 2022 mercury ins has not paid the claim.

the car was stolen from in front of my home. i immediately called the police. my insurance adjuster called to tell me they were paying out on the claim and she had set me up with another adjuster to handle disbursement of the claim. same day the vehicle was found. It was put into a tow yard in... View More

James L. Arrasmith
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answered on Jun 17, 2023

I'm sorry to hear about your situation. It sounds like a complicated and frustrating experience.

If your insurance company has not paid out on your claim, you may want to contact them to inquire about the status of your claim and why it has not been paid. You may also want to review...
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1 Answer | Asked in Insurance Bad Faith and Civil Litigation for Tennessee on
Q: Can I sue??

Me and my dad filed a house claim March 3,23 through insurance , we have been battling through terrible problems the whole time, Tennessee how a matching law on roofs , our insurance company refuses to abide by the match law we have been paid 9,000 for the inside and 3g for the roof . All damages... View More

Tim Akpinar
Tim Akpinar
answered on Jun 13, 2023

A Tennessee attorney could advise best, but your question remains open for two weeks. Filing a lawsuit is generally an option in most insurance claims (a local attorney must advise here after reading your policy - sometimes arbitration is listed as a forum).

The best way to answer your...
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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 Personal Injury, Civil Litigation, Insurance Bad Faith and Small Claims for Texas on
Q: Does a replied to email hold has much validation has a certified letter dose in court in Texas?³

Stowers someone for over policy limits

John Michael Frick
John Michael Frick
answered on Jun 10, 2023

An email can be effectively used to transmit a Stowers demand to an opposing party’s insurance company.

The benefit of certified mail is you have clear documentation of delivery.

But you can also request a delivery or read receipt to an email. And often, the recipient will send...
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2 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Q: Should I pursue a "bad faith" lawsuit for a minor (non-injury) collision, or would nothing come out of it?

I was involved in a 3 car collision in CA that was not caused by me. The at-fault insurance company has been ignoring my calls, and it's been exactly 56 days today from the date of the incident/claim (should be resolved within 40 days in CA). I have received no communication via letter or... View More

Justin R. Heim
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Justin R. Heim
answered on Jun 9, 2023

Bad faith lawsuits are filed by an insured policyholder, not a 3rd party (unless that 3rd party has obtained a judgement against that policyholder and received an assignment of rights).

It sounds like you're saying that you're a "3rd party" that got hit by their...
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4 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Q: Is it normal for at fault insurance (not me) to deduct from my settlement amount for excessive damage for a totaled car?

My car was hit while I was parked in a parking lot, not in the car, resulting in it being damaged. Other party left a note and I made a claim on their insurance the same day. Other party’s insurance claimed fault for the accident, and once I took it to a shop, they totaled my car out. I... View More

Neil Anapol
Neil Anapol
answered on Jun 5, 2023

If you have collision coverage, make a claim on your own insurance and stop dealing with the other driver's insurer. Your insurer will total the car, pay you the fair market value, and then get the money back from the other driver's insurers including the deductible.

If you do...
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4 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Q: Is it normal for at fault insurance (not me) to deduct from my settlement amount for excessive damage for a totaled car?

My car was hit while I was parked in a parking lot, not in the car, resulting in it being damaged. Other party left a note and I made a claim on their insurance the same day. Other party’s insurance claimed fault for the accident, and once I took it to a shop, they totaled my car out. I... View More

James L. Arrasmith
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answered on Jun 6, 2023

In situations where your car is deemed a total loss by the at-fault party's insurance company, it is not typical for them to deduct an amount for "excessive damage" from your settlement if you were not at fault in the accident. Generally, the at-fault party's insurance should... View More

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4 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Q: Is it normal for at fault insurance (not me) to deduct from my settlement amount for excessive damage for a totaled car?

My car was hit while I was parked in a parking lot, not in the car, resulting in it being damaged. Other party left a note and I made a claim on their insurance the same day. Other party’s insurance claimed fault for the accident, and once I took it to a shop, they totaled my car out. I... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 8, 2023

The "at fault" driver's insurance is obligated to pay for YOUR CHOICE of 1) repair of the vehicle, or 2) pay you the reasonable value of the vehicle as a total loss. It is YOUR choice, not theirs. They will try to pay you as little as possible because that is what they do and what... View More

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1 Answer | Asked in Insurance Bad Faith for California on
Q: I filed a complaint with the California dept of insurance about coercive antagonistic behavior from adjuster

he has all my written, visual and taped verbal answers to his questions about my claim. I don’t want him to keep contacting me with his intimidating behavior trying to convince me why he’s going to substantially reduce the claim his own assessor arrived at on examining the accident and damage... View More

James L. Arrasmith
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answered on Jun 2, 2023

In dealing with the adjuster, here are a few suggestions:

Document the Communication: Keep a record of all communication with the adjuster, including dates, times, and details of each interaction. This will help you maintain a clear record of the events and any concerning behavior exhibited...
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2 Answers | Asked in Insurance Bad Faith for California on
Q: Every lawyer I ask for help w/ my insurance reducing settlement says only they’ll only take personal injury cases

My car was hit from behind as it was exiting an intersection. My policy covers, but after presenting me with a settlement figure, they now repeatedly try to reduce the amount I already agreed to. I read this is called bad faith insurance. No lawyer I ask for help will take the case unless it... View More

James L. Arrasmith
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answered on Jun 1, 2023

Yes, there are lawyers who will take cases involving unethical insurance practices in California. However, it is important to note that these cases can be difficult to win, and the lawyer you choose will need to have experience in this area of law.

Here are a few things you can do to find a...
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