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Insurance Defense Questions & Answers
2 Answers | Asked in Real Estate Law, Insurance Defense and Small Claims for Arizona on
Q: In the State of Arizona, can you be sued for more than the amount of an original claim? ($4,500)

Would lawyers be required? If so, who pays the lawyer fees?

Tim Akpinar
Tim Akpinar
answered on Mar 5, 2024

An Arizona attorney should advise, as this could be covered under state-specific civil procedure rules. However, your question remains open for two weeks. The short answer is "yes" in most jurisdictions nationwide. Sometimes interest is capped by statute, but claimants can sue for it.... View More

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2 Answers | Asked in Real Estate Law, Insurance Defense and Small Claims for Arizona on
Q: In the State of Arizona, can you be sued for more than the amount of an original claim? ($4,500)

Would lawyers be required? If so, who pays the lawyer fees?

Tim Akpinar
Tim Akpinar
answered on Mar 5, 2024

Addendum - I'm sorry, a minute ago I mean to write, "That doesn't NECESSARILY MEAN it's not possible... "

I inadvertently left out the words "necessarily mean." Good luck

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5 Answers | Asked in Car Accidents and Insurance Defense for California on
Q: being sued from auto accident and they are making false claim what to do ?
James L. Arrasmith
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answered on Jan 26, 2024

If you are being sued from an auto accident in California and believe the claims against you are false, it's important to take immediate action. First, inform your auto insurance company about the lawsuit, as they are typically involved in defending against such claims under your policy. They... View More

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5 Answers | Asked in Car Accidents and Insurance Defense for California on
Q: being sued from auto accident and they are making false claim what to do ?
T. Augustus Claus
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answered on Jan 29, 2024

If you're being sued for an auto accident in California and you believe the claims against you are false, it's crucial to take specific steps to protect yourself legally. First and foremost, inform your insurance company about the lawsuit immediately.

They are typically obligated...
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2 Answers | Asked in Personal Injury, Car Accidents and Insurance Defense for Texas on
Q: I was at fault for an accident and I’m having awful anxiety about being sued, it seemed minor at the time.
Gregory S Baumgartner
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Gregory S Baumgartner
answered on Jan 12, 2024

Being sued is certainly stressful, yet most of the time, needlessly. If this claim stems from an auto accident, contact your insurance company and let them handle the case and worry about it. If you have coverage, the insurance company will provide a qualified attorney to handle the matter. The... View More

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2 Answers | Asked in Personal Injury, Car Accidents and Insurance Defense for Tennessee on
Q: Do I need to fill out an Financial Affidavit for an accident. Is it better to fill it out or not?

My daughter was in an accident. The car and insurance was in my name at the time of the accident. The amount of the claim is $19,500 for hospital bills. My insurance covers up to $25,000 and that is what they are asking for. I do not have any assets or extra income for them to come after. I just... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jan 4, 2024

You likely have a lawyer provided by your insurer if you are at this point. the lawyer should be able to advise you as to your best next step- to provide the affidavit or not- and what to include/ disclose. If you want to get a second opinion - you would probably need to show the affidavit to a... View More

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2 Answers | Asked in Personal Injury, Car Accidents and Insurance Defense for Tennessee on
Q: Do I need to fill out an Financial Affidavit for an accident. Is it better to fill it out or not?

My daughter was in an accident. The car and insurance was in my name at the time of the accident. The amount of the claim is $19,500 for hospital bills. My insurance covers up to $25,000 and that is what they are asking for. I do not have any assets or extra income for them to come after. I just... View More

Tim Akpinar
Tim Akpinar
answered on Jan 6, 2024

As my colleague advises, ask your assigned defense attorney for their input. They're going to probably tell you to consult with an outside counsel whose interests are solely yours. But that can cost money. Find out as much as you can from your defense counsel what they foresee in terms of the... View More

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2 Answers | Asked in Personal Injury, Car Accidents, Insurance Bad Faith and Insurance Defense for California on
Q: Can I sue my car insurance company?

My insurance company has left my totaled vehicle in my name without paying any necessary fees - now we have a lien. They have grossly failed in defending me as their customer in a few ways and I would like to know if there are any options in pursuing legal action against them. Happy to give more... View More

James L. Arrasmith
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answered on Jan 3, 2024

Under California law, it is possible to pursue legal action against your car insurance company if they have failed in their obligations towards you as a policyholder. If your insurance company has not fulfilled its contractual duties, such as handling claims properly, paying necessary fees, or... View More

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2 Answers | Asked in Personal Injury, Car Accidents, Insurance Bad Faith and Insurance Defense for California on
Q: Can I sue my car insurance company?

My insurance company has left my totaled vehicle in my name without paying any necessary fees - now we have a lien. They have grossly failed in defending me as their customer in a few ways and I would like to know if there are any options in pursuing legal action against them. Happy to give more... View More

Tim Akpinar
Tim Akpinar
answered on Jan 6, 2024

You could reach out to attorneys to try to set up a free initial consult. But in these types of cases, it isn't necessarily bad faith - sometimes, depending on the finance arrangements, it's a matter of having or not having gap insurance coverage as well as respective liabilities in the... View More

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2 Answers | Asked in Insurance Bad Faith and Insurance Defense for Georgia on
Q: Car Accident on Nov 6th. Not at fault. Car insurance from the at fault party claims they can't resolve it.

The adjuster for the at fault party's insurance claims he can't find his client. He claims that he can't resolve our situation until he can find his client and get information from him. I don't believe that is our problem, especially nearly 2 months in. State Georgia, county... View More

T. Augustus Claus
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answered on Dec 29, 2023

If you've been involved in a car accident in Georgia and the at-fault party's insurance is claiming difficulties in locating their client, it's advisable to take certain steps to protect your interests. Firstly, document all communication with the at-fault party's insurance,... View More

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2 Answers | Asked in Insurance Bad Faith and Insurance Defense for Georgia on
Q: Car Accident on Nov 6th. Not at fault. Car insurance from the at fault party claims they can't resolve it.

The adjuster for the at fault party's insurance claims he can't find his client. He claims that he can't resolve our situation until he can find his client and get information from him. I don't believe that is our problem, especially nearly 2 months in. State Georgia, county... View More

Tim Akpinar
Tim Akpinar
answered on Dec 31, 2023

You could exercise one of the options you list - contacting a lawyer. However, from what you describe, it sounds like a property damage-only claim. Those claims could be difficult to find contingency representation by an attorney. Your options include retaining a lawyer, handling it yourself in... View More

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2 Answers | Asked in Insurance Defense and Car Accidents for Michigan on
Q: Can someone make a claim on your insurance if they don’t have insurance?

I simply bumped someone on the road, technically my fault. No damages, we don’t call the cops but I provide my id and insurance bc I’m dense. She texts me two days later asking for money for a deductible and when I tell her I’m not responsible she states if I pay her, she will not go through... View More

Tim Akpinar
Tim Akpinar
answered on Jan 20, 2024

Addendum - if you do reach a settlement, make sure that you have a signed release from the other side. A well-drafted release form confirms settlement terms and serves to wrap up the claim without leaving any loose ends. If your carrier agrees to make a payment, they will require a release anyway.... View More

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1 Answer | Asked in Insurance Defense and Landlord - Tenant for California on
Q: Can a tenant contractually waive Landlord from Landlord liability insurance in California?

The tenant will be subletting out the rooms that she's renting. She also has a separate contract with the Landlord to be their property manager in this case. Would the Landlord still be liable for injuries to sub-tenants and their guests or damages to the property besides usual wear and tear?... View More

James L. Arrasmith
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answered on Dec 20, 2023

In California, while a tenant can agree to certain responsibilities in a lease agreement, a landlord cannot contractually waive all liability, especially in regards to injury or harm that may occur on the property. The landlord maintains certain legal responsibilities for the safety and maintenance... View More

1 Answer | Asked in Insurance Bad Faith, Health Care Law and Insurance Defense for New Jersey on
Q: Where do I find a successful attorney for insurance denial of services?

Residence is Robbinsville NJ.Employment is Philadelphia SEPTA through Independence BC/Keystone Health Plan East.

Tim Akpinar
Tim Akpinar
answered on Dec 12, 2023

Attorneys here can't respond with offers of their services - the format here is limited to general Q & A; no referrals or solicitation. One option could be to supplement your own independent attorney searches with the "Find a Lawyer" tab above. It lists attorneys by region and... View More

3 Answers | Asked in Insurance Defense for Texas on
Q: what kind of attorney Practice one of my Insurance Client lawsuit me for underinsured coverage claim ?

I was Allstate agent till 2020 when I started my own independent insurance agency . I received Citation on November 1st from customer lawsuit Allstate and me for incident happened in 2016 . I like to have consultation with Attorney whose practice in defending insurance agent lawsuit

James L. Arrasmith
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answered on Nov 13, 2023

In your case, where a former client is suing you and Allstate for an underinsured coverage claim related to an incident that occurred while you were an Allstate agent, you should seek a consultation with an attorney experienced in insurance defense. Specifically, you'll want an attorney who... View More

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3 Answers | Asked in Insurance Defense for Texas on
Q: what kind of attorney Practice one of my Insurance Client lawsuit me for underinsured coverage claim ?

I was Allstate agent till 2020 when I started my own independent insurance agency . I received Citation on November 1st from customer lawsuit Allstate and me for incident happened in 2016 . I like to have consultation with Attorney whose practice in defending insurance agent lawsuit

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

It sounds to me like this is an E&O ("Errors and Omissions") claim against you as a licensed professional which falls into the area of practice known as professional liability law (an area of law which I personally happen to practice).

As a licensed insurance agent, you were...
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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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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

2 Answers | Asked in Personal Injury and Insurance Defense for Colorado on
Q: I am trying to determine how much personal liability umbrella insurance to have in Colorado.

In my research, I believe that my and my spouse's IRA and Roth IRA accounts are protected. However, are our SEP and HSA accounts as well as our personal residence also protected?

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Sep 15, 2023

My opinion: This is a personal question that, like other insurance questions, comes down to your tolerance for risk. Generally, it's good to also consider other assets, including earning capacity. A lawyer or a doctor likely has a higher earning capacity than a McDonalds window employee or a... View More

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2 Answers | Asked in Personal Injury and Insurance Defense for Colorado on
Q: I am trying to determine how much personal liability umbrella insurance to have in Colorado.

In my research, I believe that my and my spouse's IRA and Roth IRA accounts are protected. However, are our SEP and HSA accounts as well as our personal residence also protected?

Tim Akpinar
Tim Akpinar
answered on Sep 16, 2023

It could be difficult to predict what an aggressive and determined plaintiff would choose to pursue - depending on what theory they might present in a given lawsuit. A starting point could be to consult with an insurance professional to get a handle on premiums for different scopes and levels of... View More

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