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Insurance Defense Questions & Answers
1 Answer | Asked in Car Accidents and Insurance Defense for Virginia on
Q: Rear ended the other car backing up while parking and his insurance claims that both are responsible for damages. Why?

I was recently involved in a Car accident at the University drive way where the other car backing up while parking on my way of lane. We shared our insurance info right after - no police involved. His rear end and mine front driver end, but his insurance company claims that in VA if both vehicles... Read more »

Jay Braddock Jackson
Jay Braddock Jackson answered on Oct 14, 2019

I do not know which insurance company it is with which you are dealing, but their explanation of the liability is inadequate at best. Virginia is a contributory negligence state, which means that you have a claim against the other driver if you have not contributed to the fault in the accident in... Read more »

1 Answer | Asked in Insurance Defense and Probate for Virginia on
Q: My friend left me an insurance policy...family don't want to send it to me ...he died 3 months ago...how can I find out
Richard Sternberg
Richard Sternberg answered on Oct 10, 2019

If you know the issuer of the policy, you can contact them. If you see that a probate estate has been filed, you can check the filings there, identify the policy, and make a claim if the policy has been included in the estate. If they will not cooperate and those sources are unsuccessful, a lawyer... Read more »

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Ohio on
Q: Can I seek medical attention after the demand letter to the insurance company has been sent?

I was involved in a not at fault accident on 08/17/2019 can i send the demand letter then after that is sent go to my primary doctor for my injuries from the accident?

Tim Akpinar
Tim Akpinar answered on Sep 28, 2019

An Ohio attorney would know best about any applicable state laws here. But your question remains open for three weeks. As a general matter, there isn't anything to stop a claimant from doing that. But a fundamental issue that could confront such a claimant if the visit to the primary doctor is the... Read more »

1 Answer | Asked in Insurance Defense for Tennessee on
Q: What is the policy or law that requires insurance companies, in the state of TN, to pay diminished value?

The insurance company told me "In Tennessee the measure of damages is either repair costs OR the difference in market value immediately before the accident and that immediately after the accident. It is not both. Since you have elected to receive the cost of repairs, then there can be no recovery... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 26, 2019

You must check with a Tennessee attorney as to the statutory authority you describe. However, your question remains open for five weeks. That concept is not exclusive to Tennessee. It is an accepted practice of property damage claims processing virtually nationwide. The carrier pays the collision... Read more »

2 Answers | Asked in Traffic Tickets and Insurance Defense for Illinois on
Q: i got pulled over today and the officer took my license and said that he would bring my license to my house.

I am just wondering if i got a ticket or not. he didnt say and told me to drive away without my license. did i get a ticket?

Brandon K. Davis
Brandon K. Davis answered on Sep 17, 2019

When an officer issues a ticket he or she will provide with a physical ticket advising you of the offense, etc. It does not sound like you were given a ticket. I’m guessing it has to do with your age? Maybe the officer wants to bring your license to your home to speak with your parents. It may be... Read more »

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2 Answers | Asked in Contracts, Insurance Bad Faith, Insurance Defense and Car Accidents for California on
Q: Can a auto insurance company hold your salvage title hostage?

I was in an auto accident 7/5/19 by someone who has Alliance United car insurance. They have 798 reviews on Yelp with 1 star. They totaled my 06 Acura TL that had little damage to its front end. The guy policy limit was $5000 and my car value was $7,800. I decided not to sue and told them to send... Read more »

William John Light
William John Light answered on Sep 4, 2019

To determine if your car is a Total Loss, you must follow the Total Loss Formula.

Total Loss Formula (in California) is Cost of Repairs + Salvage Value ≥ Actual Cash Value.

Salvage value is typically 25% of the Actual Cash Value (but each insurance company uses its own percentage,...
Read more »

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1 Answer | Asked in Insurance Bad Faith, Personal Injury and Insurance Defense for Texas on
Q: Can claim on my AD&D if cancer & injury has stopped my arm and hand from working?

A year ago i was put on short term then long term and ssi. June of this year, i was told by doctors my arm and hand would never work again. So most likely i will lose my job. Can i claim on my insurance i had and insurance my company had on me, like AD&D?

Tim Akpinar
Tim Akpinar answered on Sep 3, 2019

If you could repost or add categories, add Social Security and Public Benefits. You are correct in selecting Personal Injury, but you would probably get more meaningful input from an attorney who handles Social Security disability matters. Good luck

Tim Akpinar

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
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
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
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...
Read more »

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
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
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
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
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
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
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
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
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
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 »

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