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Insurance Defense Questions & Answers
1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Contracts for New York on
Q: Can I do anything about an agent at my car insurance company lying about coverage?

When I renewed my car insurance policy, I was told that some optional add-ons were not optional and I had to accept. I found out a day later that she lied and it was not true. Now the company is saying it can be fixed by the agent but they're making it EXTREMELY difficult. I'm on my 6th... View More

Tim Akpinar
Tim Akpinar
answered on Dec 8, 2024

This looks like something that could be remedied without attorneys. You could try to continue to work with their customer service to get the options you want. If the first person you spoke with was inexperienced and provided incorrect information, it's possible you may have to pay whatever... View More

2 Answers | Asked in Car Accidents, Traffic Tickets and Insurance Defense for California on
Q: How much trouble am i in for falling asleep while diving, running a red light and causing a collision?

No one was hurt although the minivan spun several times it had to be towed away. It was a family on vacation and the minivan belongs to a rental company. I have no information from them and don't know what do I do? Also my car is a salvage title with no insurance and no registration but I do... View More

Tim Akpinar
Tim Akpinar
answered on Nov 23, 2024

It could depend on how aggressively the other side's attorney and authorities want to press those issues. If the other side chooses to bring a case, it could depend on how it would be handled. Some plaintiff attorneys assess an accident case in a matter-of-fact approach, seeing it solely in... View More

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2 Answers | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: My grandma purchased from national life in 1986. She’s paid twice what the policy is worth. Should she still be paying?

She feels like she has been completely miss lead. We already filled a complaint with the department of insurance and are waiting for them to investigate.

Adam Stoddard
Adam Stoddard
answered on Nov 15, 2024

It really depends on what the insurance policy and terms say. Your grandma's relationship with National Life is contractual. If she is paying a monthly or annual premium to keep the policy active, if she stops paying, she may no longer be able to receive the benefits of the policy. You should... View More

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1 Answer | Asked in Car Accidents and Insurance Defense for Colorado on
Q: I was in a car accident and my insurance had lapsed and I had no knowledge of it due to mail not being received.

Other person filed claim. Should I try to settle this with the person directly before getting a lawyer?

Tim Akpinar
Tim Akpinar
answered on Nov 1, 2024

A Colorado attorney could advise best, but your question remains open for two weeks. Your question about involving an attorney - it's an individual decision. If your matter involves only moderate property damage, there are no injuries, and you and the other side agree on fault, you could save... View More

2 Answers | Asked in Contracts, Insurance Bad Faith and Insurance Defense for Florida on
Q: Is a plaintiff required to respond to defendant's opposition to an amended complaint?

provide rule governing response to amended pleading

Charles M.  Baron
Charles M. Baron
answered on Oct 25, 2024

It depends on (A) what you mean by "opposition" to an amended complaint (motion to dismiss?, answer and affirmative defenses?), and (B) which court you're in (State or Federal, and if in State, which level (small claim or a level above small claim?). I therefore suggest you post a... View More

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2 Answers | Asked in Consumer Law, Insurance Bad Faith and Insurance Defense for Nevada on
Q: I have a TOY Hauler that was damaged and should have been totalled. The damage was done during towing out of mud.

The insurance denied that part of the claim due to wear and tear however they paid for the wall to be repaired. I have pictures that the wall was intact until it was towed out of the mud. There is no wear and tear it's a 2019 and I have never taken it out camping due to being in the shop. How... View More

Jennifer Setters
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answered on Oct 3, 2024

Every case is unique, hence in circumstances like these—where your toy hauler was damaged during towing—and where the insurance company refused part of the claim—you should get advice from an attorney who can assess your particular circumstances. You could follow these guidelines:

Get...
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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Michigan on
Q: What happens if you do a roof for someone with insurance and they only give you two of the three checks issued to them?
Tim Akpinar
Tim Akpinar
answered on Sep 30, 2024

A Michigan attorney could advise best, but your question remains open for a month. Until you are able to consult with a local attorney, the most inexpensive starting point could be to take it up with the insurance carrier. They could speak with the insured and politely advise that those checks are... View More

2 Answers | Asked in Real Estate Law, Insurance Defense and Landlord - Tenant for New York on
Q: Neighbor (or building's?) insurance adjuster asking for access - what's going on?

I live in a co-op building and the neighbors right below me had water damage. No idea what happened, but their insurance took care of everything a month or two ago. Now, the Super called me that the neighbors and the building management have been emailing for a date for someone to come in and... View More

Tim Akpinar
Tim Akpinar
answered on Sep 3, 2024

Without knowing the details of the water damage, one possibility is that the insurance adjuster and building super want to confirm that the source of damage is not from directly above, which could make your unit the most likely possible source to look into. You mention feeling uncomfortable - you... View More

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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Illinois on
Q: I need help here I'm out 48 thousand dollar and only got a partial payment of 3000 and I never signed off on this matter

I find it all unjustified how I was done in this matter of my things I worked hard for for 17 years and got 3000 dollars out of all it 48 thousand worth and showed proof of what they asked and I got 3000 for all of it and that was 2 years ago and I didn't sign off on anything in this matter so... View More

Tim Akpinar
Tim Akpinar
answered on Sep 1, 2024

An Illinois attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. It sounds like you're basically saying you got shortchanged on an insurance claim. If that's the case, you could set up a consult with a local attorney to review the... View More

3 Answers | Asked in Insurance Bad Faith, Insurance Defense, Consumer Law and Car Accidents for California on
Q: can liberty mutual say (lie) that i called in to change my collision insurance (only the collision portion) to an older

car that i had, which was paid off. why would anybody do that? one car is 30 years old and the newer car is still on a lien with the bank!They switched it from, my bank owned mind you, car just when i get in an accident and file claim. all of a sudden they wont pay a dime saying 2year prior i... View More

Leon Bayer
Leon Bayer
answered on Aug 31, 2024

Your position sounds logical, but I do see some flaws in your argument. You say this happened 2 years earlier, right? So, are you saying that for the last 2 years, you never looked at your insurance bills, and never noticed that your rates and coverage had changed? I find that hard to believe, if... View More

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1 Answer | Asked in Insurance Defense for Iowa on
Q: I need a lawyer that handles accident. Insurance claims involving one vehicle and no injury

I hit a deer on the 29th of July. My insurance company is more or less trying to claim that I am committing insurance fraud. They are dragging their feet. I hit a deer on my way to the emergency room was hospitalized due to me. Having congested, heart failure This is the only vehicle I own.... View More

Tim Akpinar
Tim Akpinar
answered on Aug 29, 2024

An Iowa attorney could advise best, but your question remains open for a week, and it looks like your vehicle is compromised for a month. I'm sorry for your ordeal in trying to get your claim processed. If you're being accused of fraud, it's possible the claim could drag on,... View More

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Georgia on
Q: When making a right hand turn if someone speeds around you and hits your passenger side shouldn't their insurance cover?

I was slowing to make a right hand turn into my driveway the kid behind me said he thought I was going left and was trying to go around. He hit my front fender and mirror (passenger side). We both have Allstate and they say I can either pay 40% of the damages to my vehicle and nothing on his or I... View More

Tim Akpinar
Tim Akpinar
answered on Aug 23, 2024

A Georgia attorney could advise best, but your question remains open for almost two weeks. That defense is commonly raised in settings where the turning vehicle was far enough away from the direction of the turn to enable a vehicle to try to pass inside. You could challenge it, on your own or with... View More

2 Answers | Asked in Consumer Law, Civil Litigation and Insurance Defense for California on
Q: Zip-thru carwash damaged my daughter's jeep, rendering it un-driveable after she used their carwash - they are now refus

They are now refusing to pay for her car rental which climbed to nearly $5000 for they time they dragged their feet, didn't help her, didn't get her a ride home, didn't get her vehicle towed, and now they are telling US to open an insurance claim with OUR INSURANCE - we don't... View More

Leon Bayer
Leon Bayer
answered on Sep 6, 2024

I suggest you talk to your own insurance agent to find out if you making a claim will affect your rates. This is probably the kind of incident covered under your 'comprehensive' coverage which may cover things on a no-fault basis. Like, if her parked car was vandalized.

If your...
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1 Answer | Asked in Traffic Tickets, Car Accidents and Insurance Defense for North Carolina on
Q: I got a citation for "Operate a motor vehicle on a street or highway without decreasing speed as necessary to avoid

Collision, and I looked it up and this is considered a criminal offense and I don’t know what this means for me or what I should do for my situation. I was not speeding and did attempt to stop, I was not on my phone and my insurance app shows that and I was not intoxicated. I attempted to brake... View More

Tim Akpinar
Tim Akpinar
answered on Aug 9, 2024

A North Carolina attorney could advise best, but your question remains open for two weeks. In terms of your question on what to do, reach out to attorneys without further delay to discuss, which you've probably done by now. In terms of specific guidance, an attorney is probably going to... View More

1 Answer | Asked in Consumer Law, Insurance Bad Faith and Insurance Defense for Oregon on
Q: Farmers insurance allowed someone to call n cancel my auto insurance without my permission. Do I have legal recourse?

I was at a car dealer 50+ miles from home to buy a car when I found out it was canceled. I drve not know I was uninsured. I was at risk legally n physically had I had an accident. They said someone called n canceled it but it wasn't me. They had the phone number. Not mine or my wife's.

Tim Akpinar
Tim Akpinar
answered on Aug 6, 2024

An Oregon attorney could advise best, but your question remains open for a week. Depending on how defined by the consumer laws of your state, your situation could be a privacy breach - a local attorney should advise on available remedies there. But from a practical standpoint, the standard for... View More

2 Answers | Asked in Insurance Defense, Personal Injury, Civil Litigation and Insurance Bad Faith for Florida on
Q: Could we be held financially liable if our adult son is on our insurance policy?

We have a 19-year old son who has his own insurance on a paid off car that is titled to a trust that solely has the vehicle in the trust (vehicle trust). However, he lost his job is now not able to pay for insurance. We would like to know if we add our son to our insurance policy and the car... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 14, 2024

No, it is unlikely that you could be held liable for having him on your insurance. Liability normally results from negligent action on the part of a driver, not co-insured such as you would be.

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1 Answer | Asked in Consumer Law, Small Claims, Insurance Bad Faith and Insurance Defense for South Carolina on
Q: Roof co DENY busting pipe that flooded house AFTER incident was witnessed, acknowledged &flood repairs complete by insur

Roof company manager onsite when incident occurred. Told homeowner not to worry bcuz His roof company has insurance for incidents like this. Roofer threw shingle down into backyard that hit pipe attached to back of kitchen wall. Pipe bust from shingle resultin to house floodin. Roofer called... View More

Tim Akpinar
Tim Akpinar
answered on Jul 10, 2024

A South Carolina attorney could advise best, but your question remains open for two weeks. Final check should identify the claimant it is payable to - it sounds like you have more than one claim going on here, between water damage from pipe and roof damage from hail. Ask the carrier. In terms of a... View More

1 Answer | Asked in Insurance Defense, Car Accidents and Personal Injury for North Carolina on
Q: I am facing a auto bodily injury claim.

I was driving in my neighborhood and as I was passing a construction area, a worker walked into my car and bumbed into driver side door. He was working between a truck and a construction machine and was not visible to me. Now his attorney has filed a claim that I caused bodily harm. After the... View More

Tim Akpinar
Tim Akpinar
answered on Jul 1, 2024

A North Carolina attorney could advise best, but your question remains open for a week. Yes, it sounds like you have a valid basis for a defense. You should make a copy of the file and provide it to the defense attorney that your insurance company should be assigning to you shortly (if they... View More

2 Answers | Asked in Animal / Dog Law, Civil Rights and Insurance Defense on
Q: My mother has two claims against her and need advise on how to proceed

The first one was while she was working for Uber and swerved to the shoulder in order to avoid being hit by a car. The rider filed a claim saying she was injured and wants maximum amount settled. Insurance company wants my mom to sign a declaration

The second is a tenant she rented a room... View More

James L. Arrasmith
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answered on Jun 15, 2024

To protect your mother's assets, you should take a careful approach to both claims. For the Uber incident, consult with the insurance company and consider the implications of signing the declaration. It might be wise to seek legal advice to ensure that signing won't negatively impact her... View More

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2 Answers | Asked in Animal / Dog Law, Civil Rights and Insurance Defense on
Q: My mother has two claims against her and need advise on how to proceed

The first one was while she was working for Uber and swerved to the shoulder in order to avoid being hit by a car. The rider filed a claim saying she was injured and wants maximum amount settled. Insurance company wants my mom to sign a declaration

The second is a tenant she rented a room... View More

Tim Akpinar
Tim Akpinar
answered on Jun 17, 2024

One option is for your mother to review the declaration with an attorney. An attorney could offer a meaningful review of the terms better if they know something about the accident (police report), injuries, amount sought, policy limits, and other possible details. The other matter falls under the... View More

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