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Insurance Defense Questions & Answers

2 Answers | Asked in Civil Litigation, Contracts, Insurance Bad Faith and Insurance Defense for Florida on

Q: Is there a way that I can sue my step mother for withholding my deceased fathers insurance. If I have proof he had

Is there a way that I can sue my step mother for withholding my deceased fathers insurance. If I have proof he had Insurance and told his mother, sisters, brother and kids what he had? Is there any way possible to sue her in any way?

Linda Liang answered on Aug 16, 2019

If you have reasons to believe that your step mother is not beneficiary of the insurance and she claimed the insurance proceeds, yes, you can.

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3 Answers | Asked in Civil Litigation, Contracts, Insurance Bad Faith and Insurance Defense for Florida on

Q: insurance company voided my policy for misrepresentation on application. should i cash refund check, is that admission

is that admission of guilt, they stated that when i filed out my application online (which i actually did over the phone with an agent, i answered the question falsely, but agent did ask me for much information. i am being sued due to accident my son had and i received refund. should i cash or... Read more »

Linda Liang answered on Aug 15, 2019

The victim is suing you or the insurance company? If it is the Victim who is suing, you need to know you have no coverage at least at this moment. As far as whether cashing the check means admission, it is arguable because they reject your application for the reasons they believe it is true. You... Read more »

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1 Answer | Asked in Products Liability, Insurance Bad Faith and Insurance Defense for Virginia on

Q: I was hit from behind and have a police report, yet the other driver's insurance company still denied my claim. how?

The insurance company said that since they were unable to get a statement from their insured that the claim was denied. However I have a police report with the report number that I already submitted to the company

Tim Akpinar answered on Aug 3, 2019

Depending on the practices of the claim examiner and/or insurance carrier, they may be waiting for all information to come in before reviewing and considering the claim for payment. Hopefully, their insured will cooperate in a timely manner and this will enable processing your claim.

It...
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3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Tennessee on

Q: I got in an accident had to go to ER. Car was totaled other person was at fault. I didn’t have insurance at accident.

I didn’t have insurance during the accident and the other insurance company called and said they will not be covering my bills. What do I need to do about this, is there anything I can do?

Mr. James Charles Wright answered on Jul 25, 2019

The other driver's insurance is not required to advance or pay your medical bills at this point. Some adjustors will as a courtesy- but again not required to and often times not done- so don't take that as a reflection that the insurer is denying fault or that the insurer is taking some negative... Read more »

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2 Answers | Asked in Insurance Bad Faith and Insurance Defense for California on

Q: Hello I am looking for an attorney that will help me with a denied claim with my auto insurance company....

After a year long investigation in which we gave them everything they asked for.... They denied the claim.

Gerald Barry Dorfman answered on Jul 23, 2019

If the claim was for personal injuries (like uninsured motorist), many attorneys will take such a case on contingency. That means they get paid a percentage of what you get from the insurance company. If the claim is for property, it is more likely you will have to hire an attorney on an hourly... Read more »

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1 Answer | Asked in Insurance Defense and Traffic Tickets for New York on

Q: Insurance lapse for 1mo. Cited for operating w/o insurance, unreg vehicle, operate while reg susp and unlicensed

My registration was up to date and my license was valid, but my insurance lapse messed with them all and gave me four tickets, why?

Charles Oliver Wolff answered on Jul 22, 2019

When your insurance terminates (or lapses) the DMV automatically suspends/cancels your registration and plates, but not your driver's license. Reinstate your insurance (expect the rate to go up), renew your registration, get new plates, and take proof of all of that to court when you appear. You... Read more »

1 Answer | Asked in Insurance Defense for North Carolina on

Q: I had a variable insurance policy lapsed due to the cost of insurance increase which I did not know.

I paid the premium as always they accepted and kept the payment and weeks later they told me the policy was in lapsed status. In order to get it reinstated I would have to pay 400.00. At the time I could not come up with that amount of money so they (Axa Financial) lapsed the policy.

Tim Akpinar answered on Jul 22, 2019

You could consult with a North Carolina attorney to review the policy and its terms and conditions for cancellation. However, it's possible that seeking coverage elsewhere could be more cost-effective and practical in terms of time and resources needed to look into the coverage lapse. Good luck... Read more »

1 Answer | Asked in Insurance Defense for Montana on

Q: i got accident slid into road no insurance me the insurance co is saying they want 15719.00 absurd im disputeing what

i don't know how to handel it the girl never slowed at all my car was totaled and we were both fine she was able to drive her car

Tim Akpinar answered on Jul 13, 2019

If the other side is coming after you for $15,719.00 and you are uncertain about how to handle it, you could consult with an attorney in Montana to review the facts of the accident, police report, property damage appraisals, and other details. From the brief facts, it isn't fully clear what... Read more »

2 Answers | Asked in Personal Injury, Workers' Compensation, Civil Rights and Insurance Defense for California on

Q: In a WC case, can the defendant party deny me appearing for my deposition by remote or electronic means?

I have a desire to appear by either telephone or by remote or electronic means for a deposition

The judge doesn’t seem to have a problem with it, since I can get a recommendation from my clinical treating therapist or get ADA accomodations.

The representing attorney said it was... Read more »

Dale S. Gribow answered on Jul 11, 2019

more info needed.

you need to ask this in a Workers Comp forum...this is a PI forum.

most WC lawyers will give you a free consultation and if you are in the middle of a claim and do not have a lawyer..........shame on you.

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3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Oregon on

Q: How can I remove a PIP claim from someone not written on my auto insurance policy?

My mother in law filed a PIP claim against my auto insurance, for an accident I had no involvement in from 11/16. It's is a last ditch effort by her lawyer to get money. She is not written on my policy but did live with us at the time. GEICO has left it in limbo for months and it looks like my... Read more »

Mr. Michael O. Stevens answered on Jul 11, 2019

You can't, and honestly its not a last ditch effort, its what the law is, she is covered if she lived with you. https://www.oregonlaws.org/ors/742.520

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1 Answer | Asked in Car Accidents and Insurance Defense for Missouri on

Q: Do I have to pay taxes on a new vehicle that was totaled before I can file an insurance claim?

I was in an accident that was the other party's fault and my was totaled. The accident occurred two weeks after I purchased the vehicle. I had a loan out on the vehicle and I didn't have the title yet. I was told by the other party's insurance that they did not need my assistance and that they... Read more »

Peter N. Munsing answered on Jul 11, 2019

in most states the taxes are part of the property damage settlement. If they are at fault and car is totaled, chances are it was a big hit and you were hurt. The other side isn't caring for you. Contact a member of the Mo. Assn for Justice for the county where it happened. They give free consults.

1 Answer | Asked in Insurance Bad Faith, Insurance Defense, Products Liability and Car Accidents for Indiana on

Q: My insurance company wants to total my car, i was not at fault. Can i ignore this and pursue at fault party insurance?

I was at work when our job security ran into my parked vehical, it all on surveillance. We went through the usual insurance swap, police report, inform my insurance of the accident. I was unable to reach anyone in the at fault party insurance, so my insurance offered to reach out to get info and... Read more »

Peter N. Munsing answered on Jul 11, 2019

Either insurance can pay for the cost of fixing the car or the total loss value, it's their option. If you think it can be fixed you can buy it back for the salvage value, but then youget a "junk title" --and if you find out because of alignment or other problems it's not really a fixer, it's on... Read more »

1 Answer | Asked in Insurance Defense for Louisiana on

Q: 2 texas vehicles get in a wreck in louisiana and the NOT at fault one one had a lapse in insurance. Can they still recib

Robert Hallack answered on Jul 10, 2019

Are you asking can the driver who was not at fault still recover? This depends on a few different factors, but the best route would be to consult with an experienced personal injury attorney.

1 Answer | Asked in Traffic Tickets and Insurance Defense for New York on

Q: My mom was unaware that she was uninsured for 8 months. Now geico is trying to back charge her $1200.

Geico says if she doesn’t pay, they will report her to the NY DMV where she will get fined and have her license revoked since her insurance was cancelled before she surrendered her plates. Her insurance was cancelled 10/2018, but her plates weren’t surrendered until 6/2019. She had called... Read more »

Zev Goldstein answered on Jun 30, 2019

This is difficult problem to untangle. There are probably a few more pieces to the puzzle. For instance, was she insured in CA? I can't understand this from your question. Even if she pays the fine, her license would be suspended in NY for around 9 months. Then the questions becomes whether she... Read more »

1 Answer | Asked in Animal / Dog Law and Insurance Defense for Ohio on

Q: my dog bit a person walking along the side of my condo while they were on a tie out and i was sitting with them.

my dog bit a person walking along the side of my condo while they were on a tie out and i was sitting with them on my back patio. I am unable to view who is coming up alongside the condo and dogs started running towards person and my little dog bit the person because they were within the tie out... Read more »

Matthew Williams answered on Jun 26, 2019

And what is your question? Were you cited?

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Personal Injury for Washington on

Q: Are there any successful attorneys willing and available to help with a injury claim against Boeing and Sedgewick?

Need someone who can help facilitate the dealings with Sedgewick, who is Boeing's private insurer, because they can't seem to get things right on a case that has been going on for 10+ years. Had 5 foot surgeries 10+ years ago. Finally got fixed with 5th one. About 1-1/2 years ago, re-opened my... Read more »

Tim Akpinar answered on Jun 25, 2019

You mention a widely recognized and well-liked workers' comp carrier and working graveyard shift. This looks like a WC case - you've posted in good categories but if you add Workers' Comp to your categories, hopefully one of the WC attorneys could pick up your question if this is something that... Read more »

1 Answer | Asked in Car Accidents and Insurance Defense for Louisiana on

Q: My daughter rear ended a person who says they stopped to allow a pedestrian to cross. Is this a violation of LA 64:32 ?

Ellen Cronin Badeaux answered on Jun 22, 2019

Your daughter is going to be sued. Stiopping to let a pedestrian cross is not a violation of 32:64.

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

Q: friend got a citation for no license in my car. They used my insurance. Will my parents find out? Or will my rate go up?

Insurance under parents

Peter N. Munsing answered on Jun 12, 2019

Was there a crash? If not no problem. Even if there was, I don't see a problem under most scenarios. Rates only go up if the driver is at fault in causing the collision, if there was one. The question of fault has nothing to do with the license.

1 Answer | Asked in Civil Litigation, Criminal Law, Insurance Bad Faith and Insurance Defense for Tennessee on

Q: When your license gets suspended for not being insured Do they revoke all registrations in the vehicle owners possession

I was in an accident and i was uninsured. So i got a ticket and license suspended. Does this on affect the vehicle that was in the accident?Or does that include both of my vehicles?

Leonard Robert Grefseng answered on Jun 12, 2019

If I understand your question correctly, I think you misunderstand the difference between your LICENSE and the vehicle REGISTRATION. these two things are not the same. Your license is for you only- it is the authorization that you can legally drive a vehicle ( ANY vehicle, even one you don't... Read more »

2 Answers | Asked in Insurance Defense and Personal Injury for Arizona on

Q: A car crashed into me by turning around in an intersection while i was behind him, how do i get his insurance to pay?

Matthew Maerowitz answered on Jun 7, 2019

Typically it takes gathering all the relevant information including the crash report. It is rarely advisable to do this alone. You should at least call an attorney over the phone and request a free consultation. If it is a meaningful accident and you were injured, you will likely want to hire an... Read more »

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