Insurance Defense Questions & Answers by State

Insurance Defense Questions & Answers

Q: MY insurance denied my claim. How do I go about appealing the decision?

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Insurance Bad Faith and Insurance Defense for California on
Answered on Jan 22, 2018

Sounds like your insurance company doesn't believe you regarding the theft.

If you are unfairly denied the benefits under the policy, you sue the insurance company for bad faith.
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Q: GAP insurance co refused to talk to me. Told me they were communicating with Geico. Now I'm stuck with balance.

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Virginia on
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 protection & the insurance commissioner. Send a written demand (hard copy) to GAP certified return receipt demanding they pay.

Use the Fair Credit Reporting Act to explain you had coverage but...
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Q: Borrowed a family members car was involved in a car accident. Found out the family member did not have car insurance

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Ohio on
Answered on Jan 17, 2018

But you carried insruance that covered you for liability so you should be OK. If you want, get a consult from an attorney who handles citations. Bring proof that you had coverage through your company at the time of the wreck. Notify your company.
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Q: I had a auto accident trial med bills =12k. The defense mentioned to the jury I had healthcare to cover my bills.

1 Answer | Asked in Car Accidents, Civil Litigation and Insurance Defense for Georgia on
Answered on Jan 16, 2018

Your attorney should be discussing the appeal issues with you. If there was a healthcare lien then that would have been something the jury should consider. Juries may consider that if you didn't pay the total amount of the bills that someone else did so that's not a mistrial. I disagree with the law on this but it is the law.

You had extremely unsympathetic jurors. However while not a reason to appeal I've had a couple of those low verdict cases where we resolved it on appeal for a...
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Q: Is it illegal to unknowingly send an advertisement for homeowners insurance to a minor in Colorado?

1 Answer | Asked in Business Law and Insurance Defense for Colorado on
Answered on Jan 15, 2018

No, that woman's an idiot.

Even if it were illegal it would be prosecuted by the county attorney for a criminal act, or more likely the Dept. of Regulatory Agencies (DORA) for a regulatory violation. She has no private right of action to sue you for mistaken advertisement.

The question should be what are you putting your kid's name on that it's ending up on this list.
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Q: Do I have a case if I was injured in an accident as an adolescent more than two years ago but suffer from pain still?

1 Answer | Asked in Family Law, Personal Injury, Car Accidents and Insurance Defense for Idaho on
Answered on Jan 12, 2018

The Idaho statute of limitations is generally 2 years. If you are under 18 it can be extended for either an additional 6 years or until you turn 20 whichever comes first. SO if it been more than 10 years than the unfortunate answer is no
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Q: The insurance company is offering to settle my case but I’m not sure if their offer is reasonable. How do I know?

1 Answer | Asked in Insurance Defense for California on
Answered on Jan 12, 2018

Add up all your out-of-pocket medical expenses, such as Dr. bills, pharmacy bills, and other expenses related to treating your physical injuries; add up the lost income you suffered resulting from the loss of time from work; calculate the value of the pain and suffering you have experienced; then add the sum of each of those components together and you will get a rough estimate of the value of your case. If the offer does not equal what you’re sum total is, then it is probably inadequate....
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Q: Received 3 tickets as a minor, got license suspended for 1 year. I am now a adult. Do those tickets erase from record?

2 Answers | Asked in Traffic Tickets and Insurance Defense for Illinois on
Answered on Jan 10, 2018

That will depend upon your driving record down the road. But they do not automatically disappear just because you turn 21.
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Q: am 19 about to turn 20 in January10 and I have court on the 24 and one ticket is for going 73on45 and 2nd no insure op

2 Answers | Asked in Insurance Defense and Traffic Tickets for Illinois on
Answered on Dec 30, 2017

You are charged with a Class B Misdemeanor, so you need to hire an attorney to assist you. Class B Misdemeanors are punishable by up to 6 months in jail. You need to hire an attorney now.
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Q: Son got in a car accident 2 days after we bought the vehicle and is not insured

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Texas on
Answered on Dec 29, 2017

You should check your insurance policy to determine whether he was an excluded driver. It's possible that your insurance will still cover the accident, depending on the insurer. However, it's likely that there's an exclusion for allowing someone to drive the car who is not a licensed driver. Secondly, you should be concerned about a potential lawsuit against you for negligent entrustment, which is a cause of action in Texas. You should contact your insurer ASAP to notify them of this claim...
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Q: I got a ticket for not having a proof of insurance in my car in Chicago. I had one but just forgot to bring it.

1 Answer | Asked in Insurance Defense and Traffic Tickets for Illinois on
Answered on Dec 25, 2017

The ticket will be dismissed if you provide proof of insurance on your court date covering the vehicle at the time you were stopped. You will not owe fines or court costs.
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Q: What do I do when I was a passenger in a single vehicle car accident and the driver didn't have insurance?

1 Answer | Asked in Car Accidents, Insurance Defense and Personal Injury for Indiana on
Answered on Dec 19, 2017

Contact a member of the Indiana Assn for Justice for the county where the wreck happened to see what options you have for uninsured motorist or other party liablity--they give free consults.
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Q: if you obtain a police report are you required by law to file it with your insurance?

1 Answer | Asked in Insurance Defense, Car Accidents and Traffic Tickets for Indiana on
Answered on Dec 19, 2017

No, he's --or you--have mixed it up. You file with the other insurance if it's a rear ender. However if you were hurt, call a member of the Texas Trial Lawyers Assn--they give free consults.
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Q: Im being sued by another insurance co due to auto accident, do I need a personal lawyer to represent me?

2 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Pennsylvania on
Answered on Dec 18, 2017

If you have property damage coverage and your insurance company has hired a lawyer to defend the case, the lawyer is responsible for defending the entire case, not just the portion of the claim covered by your insurance. You are actually the client being represented, not the insurance company, even for the portion of the claim that is covered by the insurance.

You should feel free to raise your question with the lawyer, and, in fact, you should.
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Q: A year ago my father took my laptop to try and get it fixed. He gave it to a man that he found online.

1 Answer | Asked in Criminal Law, Products Liability, Insurance Defense and Securities Law for New Jersey on
Answered on Dec 13, 2017

Best bet is to hire a PI to find the guy if it is important to you, then you can determine what your best options are. If you can't find the guy you can't really do much. He did not steal the laptop and may have tried to contact you and he may say you did not pay for the services rendered etc, etc.
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Q: Does insurance pay a total loss based on value of a car or the price paid? Do they require a bill of sale?

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Oregon on
Answered on Dec 12, 2017

They want proof of ownership. How you work that is up to you. However, the issue is what the value is.

Likewise on #2. Unless your policy has replacement value you don't get it in most states.

You can check with the insurance commissioner for your state as to what they can ask for/condition settlement on.
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Q: Can an insur. co. close the ticket if their client tells them they will pay out of pock? Even if I didn't agree to term

1 Answer | Asked in Insurance Defense, Car Accidents and Consumer Law for Arizona on
Answered on Dec 4, 2017

Not illegal but may be a violation of regulations. Big point is that you want to contact a member of the Az Trial Lawyers--they give free consults.
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Q: Hypothetically, could a person offset responsibility in a negligence case if they could prove they acted reasonably?

1 Answer | Asked in Car Accidents, Insurance Defense, Personal Injury and Traffic Tickets for Arizona on
Answered on Dec 4, 2017

Not at all. First it would be inadmissible second it isn't what the case is about. You have a good argument to make if you couched it in terms of believing it was safe to do what you did. Depends on what --hypothetically--someone has been charged with.If you were hurt you may have a claim--hypothetically. Contact a member of AzTLA for the county where the wreck happened and as them.
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Q: I got pulled over ,and ticket for no proof of insurance . I

1 Answer | Asked in Civil Litigation, Insurance Defense and Traffic Tickets for Florida on
Answered on Dec 4, 2017

I give free consultations over the phone (888)620-7888. Have a nice day!
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Q: Can I vacate or set aside a default Judgment that was entered 9 years ago, if I was not properly served?

3 Answers | Asked in Personal Injury, Civil Litigation, Collections and Insurance Defense for California on
Answered on Nov 22, 2017

the answer would be face on the facts...........when you say properly what happened?

how were you served?

did you evade service?

did you move and not leave forwarding?

you can always make a motion to set aside and the judge based on the facts presented will decide whether to grant.
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