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Insurance Defense Questions & Answers
1 Answer | Asked in Insurance Defense for Texas on
Q: Insurance claim for fender bender - can you tell insurance company you want to pay out of pocket?

My son was driving a car owned and insured by my wife. On a recent visit to his mother's house, he backed into his sister's car and made a small dent. My ex-wife has filed a claim on her insurance, even though my son told her he would pay for the repairs out of pocket, and now her... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 19, 2020

A Texas attorney could advise best, as insurance practices are governed by state law. But your question remains open for four weeks. As a GENERAL matter nationwide, without regard to state-specific practices, those types of small property damage claims are sometimes left to the discretion of the... Read more »

1 Answer | Asked in Civil Litigation, Insurance Defense and Legal Malpractice for Illinois on
Q: Does a lawyer have any recourse against the filer of a false ARDC complaint? Or does Rule 775 grant him TOTAL immunity?

Ill. Sup. Ct. R. 775 “IMMUNITY” seems to offer total protection to anyone who files an ARDC complaint against a lawyer, even if the grievance is entirely untrue and filed simply to harass the lawyer. The ARDC thoroughly investigates every claim, and it seems unfair to force lawyers to spend the... Read more »

Robert Shipley
Robert Shipley answered on Sep 17, 2020

I have read both of your questions. Rule 775 does provide that immunity in the context of ARDC communications. It is not clear if the suit you describe is a malpractice claim against you, but if so I would suggest you review with your attorney. If not involving a malpractice claim, but arising from... Read more »

1 Answer | Asked in Civil Litigation, Insurance Defense and Legal Malpractice for Illinois on
Q: Must a defense lawyer in Illinois inform his client that he may have insurance coverage for a lawsuit?

Does a defense lawyer practicing in Illinois have an ethical obligation to inform his client that the client may have insurance coverage for a lawsuit that would cover the client's legal fees? Even if this means that the case would have to be tendered to the insurance company and that lawyer... Read more »

Robert Shipley
Robert Shipley answered on Sep 15, 2020

Generally, any claim/case should be reviewed to determine if there is possible insurance coverage. If there is potential coverage then the claim/case should be forwarded to the parties insurance agent who will transmit to the insurance company. If there is coverage, then the insurance company... Read more »

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Do I have to release personal text messages to my insurance company for a claim?
William John Light
William John Light answered on Sep 12, 2020

You have a duty to cooperate in your claim. What that entails depends on the nature of the claim and what they are asking you to release. If this is an auto claim and they want to know if you were texting and driving, it would make sense for the insurer to ask about text messages. In that case,... Read more »

1 Answer | Asked in Insurance Defense for Kentucky on
Q: I was sent a insurance check for over payment,now they want it back,said it was a mistake,do I have to pay it back

The check stub said over payment,I have since changed insurance company

Tim Akpinar
Tim Akpinar answered on Sep 10, 2020

A Kentucky attorney could advise best, as insurance practices are governed by state law. But your question remains open for two weeks and the answer is essentially universal everywhere. Yes, they have the right to demand return of the overpayment. Good luck

Tim Akpinar

1 Answer | Asked in Estate Planning, Civil Litigation, Insurance Defense and Probate for Utah on
Q: Life Insurance is asking for prescription list, autopsy and toxicology reports. How do I obtain these if Im not related?

BF died of drug intoxication. Insurance is asking for prescription list, autopsy and toxicology. We were not married how do I obtain these? I doubt his family will help me obtain one.

Kenneth Prigmore
Kenneth Prigmore answered on Sep 8, 2020

Obtain some sort of official demand from the life insurance company and give a copy to the sources of the documents you need. This may work.

Attorneys can normally obtain these items with a letter saying they need it for their client to obtain insurance.

If neither of these work,...
Read more »

1 Answer | Asked in Insurance Defense for Washington on
Q: I got pulled over and got a ticked for not having insurance but my insurance card was effective on thesamedateof ticked
Tim Akpinar
Tim Akpinar answered on Sep 4, 2020

A Washington attorney would be able to advise best, but your question remains open for two weeks. If the card in question resulted in the ticket, it's difficult to say whether it would be adequate in court as a defense without seeing the start and end dates and times of coverage on the face of... Read more »

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Texas on
Q: My wife was rear ended last week, the other driver did have insurance and they are saying our car is a total loss.

But they are not offering us what we feel is right. If we take their offer we will still have to come up with $200 to pay off our loan. We feel that they should at least pay off the old car and give us enough for a down payment on another car. Do we have any recourse here?

Tim Akpinar
Tim Akpinar answered on Aug 30, 2020

A Texas attorney could advise best, but your question remains open for three weeks. Unfortunately, this is a common situation in total loss declarations. A local attorney might be able to identify additional options under state law. But as a general premise applied in these settings nationwide,... Read more »

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for New Mexico on
Q: The insurance adjuster is saying carfax says there is a discrepancy 0f milage on my vehicle 50,000 miles diff. Not true

I have photos document emissions receipt ect. Saying 125,000 odometer. Can they cheat me

Tim Akpinar
Tim Akpinar answered on Aug 27, 2020

A New Mexico attorney could advise best, but your question remains open for three weeks. As a general matter, based on these brief facts, I don't think the adjuster is trying to cheat you. What I think is happening is that your vehicle has been declared a total loss. So rather than simply... Read more »

1 Answer | Asked in Banking, Insurance Defense and Mergers & Acquisitions for Mississippi on
Q: I have been to several rehabs and have good insurance each time that paid for it in all. Now the rehabs are sending me

Bills not ins company now I get a claim letter I mail for bankruptcy what does this mean please please help me

Tim Akpinar
Tim Akpinar answered on Aug 23, 2020

A Mississippi attorney would be able to advise best, but your question remains open for two weeks. From what you describe, it's possible that your insurance carrier became insolvent and went into receivership. This is only a guess because you mention that the billing facility mentioned... Read more »

1 Answer | Asked in Criminal Law, Insurance Bad Faith and Insurance Defense for Alabama on
Q: Auto Insurance Fraud?

I rear ended a gentleman on 07/31 and pictures were taken with no police report. The gentleman stated he would be in touch with me and I never heard from him until 08/10. On 08/10, he sent me the pictures and I proceeded to file the claim; however, I looked at a calendar and put the date of the... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 18, 2020

An Alabama attorney could answer best, but your question remains open for a week. Based on your description, it does not sound like you committed fraud. It looks more like you made a mistake in mixing up the date of the accident. Fraud essentially requires an intentional act aimed at deceiving the... Read more »

1 Answer | Asked in Federal Crimes, Insurance Bad Faith, Insurance Defense and Internet Law for Georgia on
Q: My estranged husband has my UI going in his account, I changed pin and password and he changed again. What do I do
Robbie Levin
Robbie Levin answered on Aug 13, 2020

Divorce him.

For more information visit my website at www.LevinLawyerGa.com

1 Answer | Asked in Insurance Defense for Minnesota on
Q: I recently got reinstated after failure to send in my insurance information I got revoked. I thought everything was good

Then I get pulled over and find out I am suspended for no insurance. It was supposed to go to court and then Court got cancelled and I was never informed of any date they rescheduled it for so now I am suspended after being reinstated after revocation. Can I fight this somehow. ???

William Bailey
William Bailey answered on Aug 11, 2020

There are certainly ways to fight this. I recently helped a client in a similar situation and we were able to have cases dismissed and avoid convictions on the others due to the confusion. It would be wise to have a lawyer help you with this.

1 Answer | Asked in Insurance Defense for Georgia on
Q: I lived with a man for nine years he passed away and he left all of his belonging to his son in a will be he left a life

Insherency policy to me my name is the onley one on it now his son is trying to claim it .

Can he get it or half

Tim Akpinar
Tim Akpinar answered on Aug 11, 2020

A Georgia attorney could advise best, but your question remains open for two weeks. I'm sorry for your loss. You could additionally add Probate and Estate Planning to your categories. There's no guarantee that all questions are picked up, but it would have better chances of being seen in... Read more »

1 Answer | Asked in Car Accidents and Insurance Defense for Missouri on
Q: First day court n i didn't have lawyer n need one for no ins and accident
Tim Akpinar
Tim Akpinar answered on Aug 10, 2020

A Missouri attorney could answer best, but your question remains open for a week and you probably need to line someone up without further delay. Go to the tab above (Find-a-Lawyer) and search for lawyers in or near the county where the court you're appearing is located. Or search independently... Read more »

1 Answer | Asked in Business Law, Contracts, Insurance Bad Faith and Insurance Defense for Wisconsin on
Q: With consent, can I create an account for another person for liability insurance and purchase a policy on their behalf?

Basically, I want to purchase on-demand liability insurance for independent contractors that get jobs through my site and I want to know if it is illegal to make this purchase as if I am them if I have their consent in signature form.

Tim Akpinar
Tim Akpinar answered on Aug 9, 2020

A Wisconsin attorney could answer best, but your question remains open for three weeks. Insurance is generally governed by state laws, but as a general matter, if information falls through the cracks and the carrier raises a defense that they were not provided with accurate information as to a... Read more »

1 Answer | Asked in Insurance Defense for Florida on
Q: my fiance use his dads insurance despite of being almost 33 years old cause of special reasons, (mental issues)

i wish to know if he get married can he keep using his dads insurance since he is using it under special circumstances???

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 9, 2020

Ask the insurance company.

1 Answer | Asked in Insurance Defense for California on
Q: statue of limitations in California for auto insurance fraud
Maurice Mandel II
Maurice Mandel II answered on Aug 6, 2020

The standard fraud SOL is three years.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Traffic Tickets and Insurance Defense for Kentucky on
Q: 1st off of no insurance, I no longer have the car due to repossession can I still get fined/ jail time

Could I still get fined/ jail time If I could get a letter or something proving I no longer have the car

Timothy Denison
Timothy Denison answered on Aug 5, 2020

Yes, you still can.

1 Answer | Asked in Contracts, Criminal Law, Insurance Defense and Medical Malpractice for Pennsylvania on
Q: Do I have grounds for a lawsuit?

I went to a rehabilitation center to seek help for my alcoholism. I was there for 30 days. Their policy required patients to turn in all of their personal belongings (phone, wallets, etc) except for clothing. During my stay, one of their staff members stole my credit card and ID and committed... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 2, 2020

A Pennsylvania attorney could answer best, but your post remains open for two weeks. As a general matter, it does not appear to be a case that attorneys might consider taking on a contingency basis. If you are paying by the hour, the burden is upon you to provide evidence of the theft. In a busy... Read more »

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