Insurance Defense Questions & Answers by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Puerto Rico
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Insurance Defense Questions & Answers
Q: What do I do if insurance lawyers in a car accident suit reached out to me as the opposing party to discuss settlement
Gerald Barry Dorfman's answer
Attorneys are forbidden by the rules of professional conduct from contacting people regarding a matter in which the person is represented by counsel. You should inform your attorney of this attempt.
Attorneys are forbidden by the rules of professional conduct from contacting people regarding a matter in which the person is represented by counsel. You should inform your attorney of this attempt.
Q: Can I plead Nolo if I have already taken a defensive driving course?
Robbie Levin's answer
It is up to the Judge whether to accept a nolo plea. Taking a defensive driving class would have nothing to do with it.
For more info, check my website at www.LevinLawyerGa.com
It is up to the Judge whether to accept a nolo plea. Taking a defensive driving class would have nothing to do with it.
For more info, check my website at www.LevinLawyerGa.com
Q: My insurance policy ended on 9th. Later on in the day when I realized I purchased different insurance from geico online
1 Answer
| Asked
in
Insurance Defense, Intellectual Property and Consumer Law
for
Ohio
on
Answered on Sep 13, 2017
Answered on Sep 13, 2017
Bruce Martin Broyles' answer
You need to obtain the electronic mail to and from Gieco to determine whether policy was in effect. In addition, your previous insurance company may have continued the policy of insurance for a short period of time after the cancellation for non-payment.
If you cannot obtain the email information, you may want to contact a computer forensics expert. The email would have left an exact date and time that the email was transmitted from your computer.
However, the on-line...
You need to obtain the electronic mail to and from Gieco to determine whether policy was in effect. In addition, your previous insurance company may have continued the policy of insurance for a short period of time after the cancellation for non-payment.
If you cannot obtain the email information, you may want to contact a computer forensics expert. The email would have left an exact date and time that the email was transmitted from your computer.
However, the on-line...
Q: Your response did not take into account the full question. Mailed the payment certified mail with a Postal Service
Terrence H Thorgaard's answer
I believe you may be referring to an answer I gave you previously, but I don't see that question and answer now.
If that's true, the prior question didn't mention that you used certified mail.
If it was postmarked on September 1st, that is obviously the date of mailing. I'm fairly certain that there is no federal statute which makes the date of mailing equivalent to the date of receipt (if that's what you're asking).
I believe you may be referring to an answer I gave you previously, but I don't see that question and answer now.
If that's true, the prior question didn't mention that you used certified mail.
If it was postmarked on September 1st, that is obviously the date of mailing. I'm fairly certain that there is no federal statute which makes the date of mailing equivalent to the date of receipt (if that's what you're asking).
Q: My flood insurance was due on September 5. I paid the full amount on September 1 and sent the payment on that day.
Terrence H Thorgaard's answer
Wrong. The date of mailing is not the date of receipt. It was received when it was received.
In the future, you can arrange with the post office to receive proof of when the mailing is received.
Wrong. The date of mailing is not the date of receipt. It was received when it was received.
In the future, you can arrange with the post office to receive proof of when the mailing is received.
Q: Ok so i bumped into another vehicle and I was trying to be responsible and give my information but the other driver...
1 Answer
| Asked
in
Traffic Tickets, Insurance Defense and Car Accidents
for
Texas
on
Answered on Sep 5, 2017
Answered on Sep 5, 2017
Peter Munsing's answer
Let your insurance handle it. He has a case for what you think he does. He wants to make a big deal. Time to call in those you pay a premium to handle such things.
Let your insurance handle it. He has a case for what you think he does. He wants to make a big deal. Time to call in those you pay a premium to handle such things.
Q: Is there any way to protect myself from subrogation if I didn't cause the accident and wasn't driving?
1 Answer
| Asked
in
Bankruptcy, Car Accidents and Insurance Defense
for
Missouri
on
Answered on Sep 5, 2017
Answered on Sep 5, 2017
Peter Munsing's answer
I. Don't agree it is your obligation. It may be but it may not be. 2) Help them locate your ex--if you get sued you need to sue him for "contribution," 3) find out what the claim is for. If it's for property damage only, and they give you a FULL release of ALL claims including injury claims then it may be a deal. If it's just for property damage and you face an injury claim, no deal.4)contact a lawyer who handles insurance defense. It may be they will charge a consultation fee but worth it if...
I. Don't agree it is your obligation. It may be but it may not be. 2) Help them locate your ex--if you get sued you need to sue him for "contribution," 3) find out what the claim is for. If it's for property damage only, and they give you a FULL release of ALL claims including injury claims then it may be a deal. If it's just for property damage and you face an injury claim, no deal.4)contact a lawyer who handles insurance defense. It may be they will charge a consultation fee but worth it if...
Q: What can a person do if they didn't take my insurance 2 months ago after I hit their car! And now asking me to pay it
Peter Munsing's answer
You owe him cost of repairing the damage you did or the total loss value, whichever is less. If you want to contest it tell him you will pay cost of fixing what you did. If that is less than 2000, offer that. If it's more than 2,000 you may be getting a deal.
You owe him cost of repairing the damage you did or the total loss value, whichever is less. If you want to contest it tell him you will pay cost of fixing what you did. If that is less than 2000, offer that. If it's more than 2,000 you may be getting a deal.
Q: I was in a bad wreck while on divery for pizza inn they post to have auto insurance on me but didn't so are they liable
1 Answer
| Asked
in
Insurance Defense, Car Accidents and Workers' Compensation
for
Mississippi
on
Answered on Sep 1, 2017
Answered on Sep 1, 2017
Peter Munsing's answer
You want to check with a member of the Miss. Trial Lawyers Assn/Assn for Justice who handles comp--they give free consultations.
You would have a claim but it's not the type of claim that's going to give you relief, now.
So get the consult because your type of situation will be very fact specific. Grab a copy of the police report while you're at it.
You want to check with a member of the Miss. Trial Lawyers Assn/Assn for Justice who handles comp--they give free consultations.
You would have a claim but it's not the type of claim that's going to give you relief, now.
So get the consult because your type of situation will be very fact specific. Grab a copy of the police report while you're at it.
Q: Does Iowa have a code for time it takes the defendant’s insurer to issue the settlement check.
1 Answer
| Asked
in
Civil Litigation, Insurance Defense, Collections and Personal Injury
for
Iowa
on
Answered on Aug 31, 2017
Answered on Aug 31, 2017
Stephen Douglas Lombardi's answer
There is no set time, although it is normally done within a week. Of course the time depends on the terms of the settlement, the signing of paperwork, modification of the terms stated in the paperwork and the type of settlement. Is it for property damage, car rental, medical expenses, an annuity or a one-time payment? Lots of unanswered questions to be answered.
There is no set time, although it is normally done within a week. Of course the time depends on the terms of the settlement, the signing of paperwork, modification of the terms stated in the paperwork and the type of settlement. Is it for property damage, car rental, medical expenses, an annuity or a one-time payment? Lots of unanswered questions to be answered.
Q: E age 15 was driving her grandfather's vehicle with permission and was involved in a T-bone collision .
2 Answers
| Asked
in
Personal Injury, Car Accidents and Insurance Defense
for
California
on
Answered on Aug 24, 2017
Answered on Aug 24, 2017
William John Light's answer
If it's the adjuster for the insurer of the car she was driving, she has an obligation to cooperate. If it's the adjuster for the insurer of the other car, she should not give a statement without consulting with a Nebraska attorney. Regardless of which adjuster it is, if and when she speaks, she should tell the truth. Giving a false statement can be insurance fraud.
If it's the adjuster for the insurer of the car she was driving, she has an obligation to cooperate. If it's the adjuster for the insurer of the other car, she should not give a statement without consulting with a Nebraska attorney. Regardless of which adjuster it is, if and when she speaks, she should tell the truth. Giving a false statement can be insurance fraud.
Q: I was backing out of a parking space I was rear ended. They won't take responsibility, and was at fault. I have Proof.
Peter Munsing's answer
Contact a member of the Az Trial Lawyers Assn for your area--they give consults.
Note: no one comes from "nowhere"--they came from a place you weren't watching. However, it sounds like you had position, so you likely have a case.
Contact a member of the Az Trial Lawyers Assn for your area--they give consults.
Note: no one comes from "nowhere"--they came from a place you weren't watching. However, it sounds like you had position, so you likely have a case.
Q: Do insurance companies have a time limit to pay damages?
1 Answer
| Asked
in
Civil Litigation, Insurance Bad Faith and Insurance Defense
for
Florida
on
Answered on Aug 4, 2017
Answered on Aug 4, 2017
Andy Wayne Williamson's answer
If I understand your brother in law's situation correctly, he has a "local Lawer" but not a Florida Lawyer.
I suggest strongly that your brother in law speak with a Florida Personal injury attorney who handles workers compensation cases, as soon as possible.
I attach the workers compensation statute here: It provides for a 2 year statute of limitations to bring the claim. I am very concerned that your brother in law may have waited to late. (Important I do not handle workers...
If I understand your brother in law's situation correctly, he has a "local Lawer" but not a Florida Lawyer.
I suggest strongly that your brother in law speak with a Florida Personal injury attorney who handles workers compensation cases, as soon as possible.
I attach the workers compensation statute here: It provides for a 2 year statute of limitations to bring the claim. I am very concerned that your brother in law may have waited to late. (Important I do not handle workers...
Q: Will I have a hit-and-run on my driving record if I was not convicted, but my insurance company paid the claim?
1 Answer
| Asked
in
Criminal Law, Insurance Bad Faith, Insurance Defense and Personal Injury
for
California
on
Answered on Aug 3, 2017
Answered on Aug 3, 2017
William John Light's answer
Your driving record will show a collision resulting in bodily injury. It is entirely your insurer's right to determine whether to pay a claim and how much to pay, even if it affects your driving record.
Your driving record will show a collision resulting in bodily injury. It is entirely your insurer's right to determine whether to pay a claim and how much to pay, even if it affects your driving record.
Q: I was in a car accident and subsequently sued by the other driver. My insurance company gave me information about an
Gerald Barry Dorfman's answer
They represent you. You are their client, although the insurance company is paying the bill.
They represent you. You are their client, although the insurance company is paying the bill.
Q: Flood insurance renewed without consent,policy went from $425 to $7000. Is this force placed insurance? Never notified
1 Answer
| Asked
in
Contracts, Federal Crimes, Insurance Bad Faith and Insurance Defense
for
Florida
on
Answered on Jul 24, 2017
Answered on Jul 24, 2017
Mark Siegel's answer
Of course, you are addressing your mortgage and the bank or other mortgagee. The mortgage has notification requirements and other applicable provisions. Would have to see your mortgage. Would also have to see escrow statements. I have personally seen a number of fored placed flood insurance policies with the lenders receiving full refunds. Also of course, cannot guarantee any, much less that, result in your case. But, you should contact the lender/servicer of your mortgage. Telephone...
Of course, you are addressing your mortgage and the bank or other mortgagee. The mortgage has notification requirements and other applicable provisions. Would have to see your mortgage. Would also have to see escrow statements. I have personally seen a number of fored placed flood insurance policies with the lenders receiving full refunds. Also of course, cannot guarantee any, much less that, result in your case. But, you should contact the lender/servicer of your mortgage. Telephone...
Q: Insurance company said my truck is totaled and it is still drivable. Do I have the right to second opinion?
Peter Munsing's answer
Totaled means the cost of fixing is more than the book value.It could be driveable but because of age it's book value is low. They aren't required to pay more than book value. Example: you own a 67 Dodge dart, good to 240,000k You have 120k and they offer you book value of $300. If that's the book, then even if it's totally driveable, it's their option--not yours.
If you were hurt, contact a member of the Texas Trial Lawyers Assn--they give free consults.
Totaled means the cost of fixing is more than the book value.It could be driveable but because of age it's book value is low. They aren't required to pay more than book value. Example: you own a 67 Dodge dart, good to 240,000k You have 120k and they offer you book value of $300. If that's the book, then even if it's totally driveable, it's their option--not yours.
If you were hurt, contact a member of the Texas Trial Lawyers Assn--they give free consults.
Q: I was hit by a person who deliberately went off the road to go around me. What can I do?
1 Answer
| Asked
in
Car Accidents and Insurance Defense
for
South Carolina
on
Answered on Jul 12, 2017
Answered on Jul 12, 2017
Peter Munsing's answer
You can make a claim for damage to your car and any injuries. Do not give recorded statements until you speak with a member of the SC Assn for Justice.They give free consults.
If you were hurt you need to see a doctor.
You can make a claim for damage to your car and any injuries. Do not give recorded statements until you speak with a member of the SC Assn for Justice.They give free consults.
If you were hurt you need to see a doctor.
Q: Is it legal to change someone elses doctors apointments?
1 Answer
| Asked
in
Criminal Law, Family Law, Health Care Law and Insurance Defense
for
New York
on
Answered on Jul 10, 2017
Answered on Jul 10, 2017
Ali Ebrahimzadeh, Esq.'s answer
That sounds like a HIPAA violation unless exceptions apply. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
That sounds like a HIPAA violation unless exceptions apply. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
Q: What's the next step? I'm a contractor that just got a letter from a client about a "supposed" construction defect?
Ali Ebrahimzadeh, Esq.'s answer
Review it with a lawyer. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer...
Review it with a lawyer. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer...
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.
