Lawyers, Answer Questions  & Get Points Log In
Insurance Defense Questions & Answers
1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Oregon on
Q: My insurance company was suppose to be settling my claim and today demanded my phone and text records going back 3months

Also my financial records going back 2 months. What the hell

Tim Akpinar
Tim Akpinar answered on Dec 2, 2020

An Oregon attorney could advise best, but your post remains open for three weeks. It's difficult to speculate what could have caused the insurance company's change in position without knowing additional details. Whatever the reason, something raised the suspicion of the claims examiner.... Read more »

3 Answers | Asked in Car Accidents, Insurance Defense and Small Claims for California on
Q: Should I sue or threaten to sue a company that is dragging their feet in an accident related insurance claim?

To summarize - I am a CA resident. On a trip to Wisconsin, my rental car was hit (while parked and unoccupied) by a driver for Loomis Armored. The company admitted fault and said they would reimburse the rental car company. I do not have collision insurance or insurance with the rental car company.... Read more »

William John Light
William John Light answered on Dec 1, 2020

Your credit card company may offer free rental car insurance as part of your cardholder benefits. Find out and make a claim if possible.

Why would Loomis pay the rental car company? The rental car company was already paid by you. If Loomis owes anyone, it's you.

You have a...
Read more »

View More Answers

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Estate Planning for Texas on
Q: My mother had no beneficiary listed on her life insurance policy, what can I do to get the information I need?

Not only did she have no beneficiary but her ex employer whom she was long retired from seems to be holding up the process to pay out the funeral home. For privacy reasons they will not give out the policy number (the insurance company) and i have no copy of the policy itself. The funeral home... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Dec 1, 2020

Step one. Obtain the death certificate.

Step two. Hire a local probate attorney to help you file either a Small Estate Affidavit or an Application to Determine Heirship, opening the estate.

Step three. Send the court order to the life insurance company.

Please remember...
Read more »

1 Answer | Asked in Real Estate Law and Insurance Defense for Florida on
Q: My husband and I lived adjacent to an apartment complex. During Hurricane Sally, a tree slightly fell at the complex

and the roots from that tree encroach on our property damaging our fence. 21 feet (.0744 acres) is landlocked property, which we do not own, however, we do own the fence, that is located on the landlocked property. The apartment manager has repeatedly ignored our emails since September. What rights... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 11, 2020

It is unclear what you mean when you write that it's your fence, but it is on the "landlocked property" which you don't own. If someone else owns the land upon which the fence is located, the fence is probably theirs too.

And no, you can't force them to pay. If...
Read more »

2 Answers | Asked in Insurance Defense for California on
Q: I had a dui in a vehicle that I was financing last year but my insurance company has the wrong date of the accident.

What can I do. I still owe 15 grand on it

Maurice Mandel II
Maurice Mandel II answered on Nov 3, 2020

Your question "What can I do?" is not very clear. Seems like you have already done enough, drove while under influence and got into an accident. Not clear what additional advice you want. Don't drink and drive, is one thing you can do for the future, but you already messed up the... Read more »

View More Answers

1 Answer | Asked in Car Accidents, Insurance Defense and Small Claims for New Jersey on
Q: I got into an accident 19 months ago and have just received a bill for $4200 and I have no way of paying it

I am a college student, at the scene of the accident they drove off with minimal damage to their vehicle and the police report says minimal damage.

Gerald D. Siegel
Gerald D. Siegel answered on Nov 3, 2020

If you had laibility insruance at the time of the accident, turn this demand over to them.

If you did not have liability insurance at the time, you should speak with a lawyer about your rights.

2 Answers | Asked in Insurance Bad Faith, Insurance Defense and Health Care Law for Colorado on
Q: How do I find a pro bono or sliding scale attorney to deal with long term disability claim against lg insurance company?

I have had an illness for months but specialist is still seeking diagnosis. Short term disability has been exhausted. Long term disability company is asking me to sign medical release for entire medical record and waive HIPAA in addition to other seemingly inappropriate questions that have nothing... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 3, 2020

A Colorado attorney could advise best, but your post remains open for two weeks and you mention needing help quickly. One option is to start reaching out to attorneys who handle disability claims. Many attorneys in that area provide free initial consults - that's between you and the attorneys... Read more »

View More Answers

1 Answer | Asked in Civil Litigation, Insurance Bad Faith and Insurance Defense for Tennessee on
Q: How do I recover lost wages, damages, rental and have them cited for no insurance and driving without a license?

A car with Mississippi auto dealer tags was uninsured with unlicensed 15 year old driver...driving who backed out of their driveway into our car that we bought the day before! They were not given any citations from officers. The damages to our car est. 13,050. Our uninsured motorist policy has... Read more »

Bennett James Wills
Bennett James Wills answered on Oct 28, 2020

If your insurance does not cover the whole amount of damages you'll have to file a lawsuit against the driver/parents to try and recover a judgment for damages. But you can't force the police to issue citations.

2 Answers | Asked in Insurance Bad Faith and Insurance Defense for Washington DC on
Q: I have structured insurance. My roof was damaged 2+ yrs ago, l made a claim, they did not settle until two yrs later.

They never paid for the roof, but paid for the damage to rooms inside the house from water from the roof. They also blamed me for the damage. What can l do? I only have structural coverage.

Tim Akpinar
Tim Akpinar answered on Oct 21, 2020

A District of Columbia attorney could advise best, but your post remains open for two weeks. It's difficult to make an accurate guess as to the non-payment without seeing the policy and the denial, with any accompanying investigation reports or surveys. One option is to meet with an attorney... Read more »

View More Answers

2 Answers | Asked in Insurance Defense and Traffic Tickets for New Jersey on
Q: Hey I was told by insurance company I got a ticket in July of 2019 and I never got. I want to dispute.

Section 39:4-56. My insurance is sky high and I need it lowered especially if I've been wrongly accused.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 21, 2020

You may want to look at another insurance company, as many won't charge an increase for this ticket.

View More Answers

1 Answer | Asked in Insurance Defense on
Q: Is there a time limit when insurance company may sue you to pay for the vehicle damage?

I have a question about insurance company. I have been in a car accident it was my fault and I had no insurance on my car but the driver of the other vehicle has insurance and I know that their insurance company may sue me to pay for the damaged car... so my question is is there any time limits... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 18, 2020

It could depend on what state you are in, which was not included in the post. Reach out to an attorney in your state, as statutes of limitations are governed by state law. It could also depend on what legal theory or cause of action they could pursue - as statutes of limitations can depend on the... Read more »

1 Answer | Asked in Business Law, Contracts and Insurance Defense on
Q: Im thinking of starting a false eyelash business selling online and I was wondering if I would need any insurance?
Tim Akpinar
Tim Akpinar answered on Oct 16, 2020

You should definitely look into insurance. An attorney cannot make that decision for you, but you will be dealing with a product that could cause allergic reactions or other types of injuries. At least contact insurance agents and discuss coverages for the types of risks that could be encountered... Read more »

1 Answer | Asked in Car Accidents, Insurance Defense and Libel & Slander for Colorado on
Q: Person moved but still continue s to use old address as proof of address
Tim Akpinar
Tim Akpinar answered on Oct 15, 2020

A Colorado attorney could advise best, but your post remains open for a month. If it was done close to the time of moving, it could have been an oversight. At any rate, correcting it could help avoid future headaches. Good luck

Tim Akpinar

1 Answer | Asked in Car Accidents and Insurance Defense for Kansas on
Q: Yes I was in an accident about 2 weeks ago..well the other drivers insurance company is denying my claim even though

I have police report stating that he was at fault he even admitted it was his fault we both had the same story about what happened and he was parked on side of street we’re he was not suppose to be parking.well after police report was made he suddenly came up with a witness coming up with a... Read more »

David Adams
David Adams answered on Oct 13, 2020

It's not clear if this is an injury situation or just property damage, and the severity in either case. There is a two year statute of limitations in either case. If just property damage, and not much dollar damage, then small claims court might be the way to go (if < $4k). If an injury... Read more »

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Virginia on
Q: My neighbor house caught on fire and the fire also damaged my house, who suppose to pay.

At the time of the fire, i didnt have homeowner insurance on my house and the insurance company refuses to pay for the damage of my house isnt it there responsibility to pay

Tim Akpinar
Tim Akpinar answered on Oct 4, 2020

A Virginia attorney could advise best, but your question remains open for three weeks. To offer a meaningful response, one would need to see the policy and its scope of coverage. You could look into the cost of a brief consult with an attorney to outline your most cost-effective options. If there... Read more »

1 Answer | Asked in Products Liability, Collections and Insurance Defense for Ohio on
Q: Am I required to talk with rental co. for a liability claim investigation? They're wanting to know if I had insurance
Tim Akpinar
Tim Akpinar answered on Oct 2, 2020

An Ohio attorney could advise best, but your question remains open for three weeks. It could depend on your capacity and role in the matter. If you are insured by a carrier, you may want to consult with their examiner or attorney for guidance. Good luck

Tim Akpinar

1 Answer | Asked in Insurance Defense for North Carolina on
Q: My car got stolen from automotive shop found and its damage. I only have liability insurance and the shop says there not

How can I get my car fixed?

Ben Corcoran
Ben Corcoran answered on Oct 1, 2020

I strongly suspect that the shop has a duty to secure your car while it is on their property and that their insurance would cover these damages. Even if they do not have insurance you can almost certainly succeed in suing them for the cost of repairs, contact a local attorney.

1 Answer | Asked in Civil Litigation, Contracts, Insurance Bad Faith and Insurance Defense for California on
Q: My dentist refuses to abide to the insurance in-network contract and has charged me more than the allowance for braces.

The insurance has already called them more than once to inform them that there is an allowance but still they are overcharging me. A financial agreement was signed and the dentists stated on the agreement that those were the allowed insurance and treatment charges but it was all a lie and fraud. My... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 28, 2020

You could file such a lawsuit, but IMO what you really have is a run of the mill breach of contract suit against the dentist. This really is not something to be excited about, and it is not going to go to the Supreme Court. You should write a calm and polite letter to the dentist with a copy of... Read more »

1 Answer | Asked in Insurance Defense and Traffic Tickets for Tennessee on
Q: Can I receive a ticket and be charged for not having insurance if the initial stop was for a non moving violation

example: tail light was out

Anthony M. Avery
Anthony M. Avery answered on Sep 21, 2020

Absolutely... LEO's can execute a legal stop for any Rule of the Road Violation they witness. Then other Charges may follow.

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 »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.