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
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...
View More

View More Answers

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

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

View More Answers

2 Answers | Asked in Real Estate Law and Insurance Bad Faith for Tennessee on
Q: My house burned it is a total loss . My Ins policy is up for renewal today. Is there any reason why I should renew this.

Policy shouldn’t I just get a liability policy for the land?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 31, 2023

You should have already hired an attorney and/or a Public Adjustor to help you with filing the Claim. Have you made a Claim yet? Paying another policy premium is the least of your worries, and nonpayment may deny coverage. Hire some competent professionals to advise you as there are far too... View More

View More Answers

1 Answer | Asked in Business Law, Insurance Bad Faith and Landlord - Tenant for Utah on
Q: Covered business claim, landlord is forcing to evict because of utilities

I am a business owner, and my building had a covered claim under my landlords policy. A water heater broke. This happened in feb 2023. The insurance company refused my contractors, and used the ones they picked, along with the ones my landlord chose. The building is still not accessible in terms of... View More

Wesley Winsor
PREMIUM
Wesley Winsor
answered on May 31, 2023

The first step would be to look to the lease agreement. It should speak to what happens if there is a breach in the agreement and how to move forward from there. It may even speak to a situation where you are disallowed occupation of the property due to some repair work and what their duty is to... View More

1 Answer | Asked in Insurance Bad Faith for Texas on
Q: After being involved in accident the opposing insurance co took my car to there lot and now refuses to pay black mail me

They sent me expired notice to get total loss vehicle it arrived 5:48.pm of day the letters expired and they are staring abandoned processing. They sent a letter saying total loss and getting approval for ACV check then waited 21 days to tell me no and get my vehicle off there lot and ok pay them... View More

John Michael Frick
John Michael Frick
answered on May 31, 2023

Your legal rights and responsibilities depend heavily on who was at fault in causing the collision and resulting damages. If there is no agreement on this fundamental point, you will need to file a lawsuit so that a judge or jury can make that determination.

Your insurance policy is a...
View More

4 Answers | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for California on
Q: Can an insurance company refuse to pay medical bills, because doctor doesn’t have business license?

My sister was in an accident, the other driver was at fault. Now his insurance company refuses to pay her chiropractor's bills because her doctor doesn't have a business license. He has a medical license and the chiropractic center he works at, they have a business license. But he... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 31, 2023

In California, an insurance company generally cannot refuse to pay medical bills solely based on a doctor not having a personal business license if they are otherwise qualified to practice medicine and are working within a licensed chiropractic center. However, insurance policies can vary, and... View More

View More Answers

3 Answers | Asked in Civil Litigation, Contracts, Insurance Bad Faith and Legal Malpractice for California on
Q: What do i do next if I fire my attorney during settling and in litigation? i want to rep myself whats my next step

my attorney was near settling my case during litigation when i discovered forged signatures while my original firm transfered my case to them. I want to negotiate myself with the insurance company because i was defrauded when my claim was transfered and i was never aware of it. as well as all the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 29, 2023

If you have decided to represent yourself after firing your attorney during settlement and litigation, there are steps you can take to navigate the situation. Firstly, thoroughly review the details of your case and familiarize yourself with the relevant laws and regulations. Document any evidence... View More

View More Answers

2 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Q: I am a Senior, 76, no lawyer will help since not personal injury. My insurance stole my car after I was T-boned & wont

Won’t pay for repairs keep trying to convince me it was my fault, which I can show wasn’t, car still runs fine but they took it without my permission to resell at used car/parts business., keep trying to get me to give them the title, and scaring me saying driver who hit me is suing me for... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 26, 2023

I'm sorry to hear about your situation. If you're having difficulty finding a lawyer to assist you because your case doesn't involve personal injury, you may want to consider reaching out to legal aid organizations or senior citizen advocacy groups in your area. They may be able to... View More

View More Answers

1 Answer | Asked in Insurance Bad Faith and Bankruptcy for Kansas on
Q: My insurance company filed bankruptcy and left me with a $22,000 bill. The Receivership denied my claim

Because the hospital failed to provide information in a timely manner. What should I do?

Tim Akpinar
Tim Akpinar
answered on May 16, 2023

A Kansas attorney could advise best, but your question remains open for four weeks. You may need to consult with a local attorney on this, but you could first reach out to the Kansas Department of Insurance to see if they could offer guidance. Departments of insurance nationwide monitor and oversee... View More

1 Answer | Asked in Insurance Bad Faith and Landlord - Tenant for Minnesota on
Q: Can a insurance company close our claim after 7 months? We had a fire at the place we were renting on 1-1-2022

We had a house fire on 1-1-22 in Aitkin, MN. We were renting and I had renters insurance and I was told by my claims adjuster I had 2 years to get them my non salvageable list. Was going to send and my claim has been closed since July 2022. Just wondering how long a claim is open for

Tim Akpinar
Tim Akpinar
answered on May 9, 2023

A Minnesota attorney could advise best, but your question remains open for two weeks. I'm sorry about the fire. In terms of Minnesota statutes of limitations to file suit, only a local attorney can advise you there. But as a general premise of insurance practices nationwide, claims can... View More

1 Answer | Asked in Insurance Bad Faith for California on
Q: insurance company doesnt disclose policy info to DMV when asked to do so. Ch 5.4 Proof of coverage disclosure Penalty?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 8, 2023

Under California law, insurance companies are required to disclose proof of coverage information to the Department of Motor Vehicles (DMV) when requested to do so. Failure to disclose this information can result in penalties under Chapter 5.4 of the California Vehicle Code.

Specifically, an...
View More

2 Answers | Asked in Insurance Bad Faith and Consumer Law for California on
Q: What do I do if my insurance company says that my policy wa cancelled for non payment and it’s not true
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 5, 2023

If your insurance company has informed you that your policy was cancelled for non-payment and you believe this is not true, there are several steps you can take to address the situation:

Contact the insurance company: The first step is to contact your insurance company and ask for an...
View More

View More Answers

1 Answer | Asked in Personal Injury, Health Care Law and Insurance Bad Faith for Missouri on
Q: I was never serviced for a lawsuit in 2013. Now 2023 discovering a default judgment against. What to do? READ DETAILS!

I was in jail/prison and allegedly a “family member” who was at my last known residence was served my summons. I had no clue of any of this information until 2023 upon a case net civil search. The debt is for medical bills/lien (improper lien) I may add as a result of a personal injury’... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 27, 2023

I suggest you hire an attorney who is experienced in filing motions for relief from void judgments. Because more than one year has passed since entry of the judgment, you are ineligible to file a motion to set aside a default judgment, which requires "good cause" and articulation of a... View More

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Florida on
Q: What can I do if my GAP insurance doesnt want to Cover my Balance after car accident

I recently obtained a car from a dealer in Miami Florida everything worked out and I got a loan approval from chase auto financing. It included GAP as per the dealer Chase wouldn’t provide me a loan without it. So that was on 1/2/23 of the year. I only drove the car for about a month or so and on... View More

John Michael Frick
John Michael Frick
answered on Apr 27, 2023

You can file a lawsuit for breach of contract or for declaratory relief against both Progressive and Dealer Protection Loyalty. I'd sue both because the GAP company may be right and Progressive may have undervalued what it should have paid.

When you're talking about only $7,208,...
View More

1 Answer | Asked in Health Care Law and Insurance Bad Faith for New York on
Q: What type of payment would an attorney need for a NY balance billing case (2021 DOS), ie hourly?

What payment structure does an attorney use for a balance billing case in New York by an in-network provider?

In network provider balance billed me though insurance EOB shows $0 owed as their claim from 2021 was discounted to $0. Provider's billing company refused to resubmit their... View More

Tim Akpinar
Tim Akpinar
answered on Apr 24, 2023

Attorneys who handle medical billing disputes apply various fee arrangements, depending on the type of insurance (no-fault, private, etc.), volume of claims (in terms of whether it's a high-volume institutional client, such as a large medical office or single-transaction individuals),... View More

1 Answer | Asked in Insurance Bad Faith and Consumer Law for Arizona on
Q: Auto Insurance is cancelling policy for a rate increase due to accounting error and failed to notify customer

My automobile insurance company randomly increased my rates mid-contract when I paid in full at the beginning of the policy. The cause of rate increase was an accounting error on one of my discounts and they discontinued the discount 2023. This happened in Jan 2023. They sent me an email notice of... View More

Tim Akpinar
Tim Akpinar
answered on Apr 23, 2023

An Arizona attorney could advise best, but your question remains open for three weeks. Nationwide, consumer rights matters involving insurance are usually overseen by state departments of insurance. Most states have such agencies. In your state, it looks like there is the Arizona Department of... View More

2 Answers | Asked in Insurance Bad Faith, Small Claims and Car Accidents for Texas on
Q: Do you sue an individual or the insurance company, whereby an insurance company denies a claim / their insured at fault

In this case other party ran a red light resulting in collision accident, but claim was denied by at fault driver insurer in that there was no witness at the scene- but never deny the fact that the other driver ran a red light!

other party claimed couldn't speak English and Police... View More

John Michael Frick
John Michael Frick
answered on Apr 15, 2023

Texas does not allow a direct action against another driver’s insurance company. Sue the other driver directly. The other driver can then demand that his insurance company defend him and indemnify him from any judgment.

Our JP courts have jurisdiction up to $20,000. If the damage to...
View More

View More Answers

1 Answer | Asked in Insurance Bad Faith and Health Care Law for Florida on
Q: We need an attorney to help with long term health care insurance. We have been through a long process& tons of excuses

Long term health care is not honoring the agreement.

Tim Akpinar
Tim Akpinar
answered on Apr 14, 2023

A Florida attorney could advise best, as insurance practices are largely governed by state law. However, your question remains open for four weeks. At this point, one option is to reach out to attorneys. In addition to your own searches, you could look into the resources of state or local bar... View More

1 Answer | Asked in Insurance Bad Faith for California on
Q: Backing up a vehicle out of a residential driveway What is the vehicle code number
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2023

In California, the vehicle code number for backing up a vehicle out of a residential driveway is Vehicle Code 22106. This code states that a driver may not back up a vehicle unless it can be done safely and without interfering with other traffic. Additionally, the driver must yield to any... View 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.