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Insurance Defense Questions & Answers
2 Answers | Asked in Probate and Insurance Defense for New York on
Q: Can an executor with beneficiary permission handle an estate-related insurance claim pro se in NY?

As the executor of an estate, I have the verbal permission of all beneficiaries to represent the estate pro se in a case concerning an insurance claim related to the estate. The case has already been filed, and there are no disagreements among the beneficiaries regarding my handling of this case... View More

Tim Akpinar
Tim Akpinar
answered on Mar 23, 2025

I handle insurance matters, but not probate and estate matters. However, you posted a week ago and your question straddles both categories. It could be worth considering a consult with your attorney handling the estate to review your arrangements. Depending on the amount and importance of the... View More

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3 Answers | Asked in Car Accidents, Personal Injury and Insurance Defense for California on
Q: What compensation should I ask for after a hit-and-run accident with ongoing PTSD and pain in CA?

I was involved in a hit-and-run accident in the winter of 2023 in a rental car. A drunk driver in a truck hit me at a red light. Since the incident, I have suffered from severe whiplash that affects my sleep, work performance, and mental health, leading to PTSD and ongoing pain. My health care... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 22, 2025

All those factors are important, how much you suffered, what medical treatment you need, what medical treatment you had, what medical treatment you need in the future, and the amount of the adverse driver's insurance, and your under-insured motorist insurance. It also depends on the attorney,... View More

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2 Answers | Asked in Car Accidents, Civil Litigation and Insurance Defense for Kansas on
Q: Civil lawsuit filed against me for accident with company vehicle; both company and personal insurance have full coverage. Should they handle it?

I was involved in an accident with a company vehicle. A civil lawsuit was filed against me, but the company vehicle had full coverage insurance, and I also had my personal full coverage insurance. I received the lawsuit yesterday and wonder if the company or the insurance companies should handle... View More

Tim Akpinar
Tim Akpinar
answered on Mar 21, 2025

A Kansas attorney could advise best, but your question remains open for a week. I'm sorry about your accident. I hope all involved are okay. Since insurance follows the vehicle, the logical starting point here appears to be with your company vehicle's policy. Your post does not mention... View More

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2 Answers | Asked in Car Accidents, Civil Litigation and Insurance Defense for Kansas on
Q: Civil lawsuit filed against me for accident with company vehicle; both company and personal insurance have full coverage. Should they handle it?

I was involved in an accident with a company vehicle. A civil lawsuit was filed against me, but the company vehicle had full coverage insurance, and I also had my personal full coverage insurance. I received the lawsuit yesterday and wonder if the company or the insurance companies should handle... View More

Tim Akpinar
Tim Akpinar
answered on Mar 21, 2025

Addendum - very important. A moment ago, I advised being responsive to communications from your attorney (assigned by your company's insurance carrier). To avoid any possible confusion, this DOES NOT apply to communications you receive from the OTHER attorney suing you. The opposite applies.... View More

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1 Answer | Asked in Car Accidents, Consumer Law and Insurance Defense for Florida on
Q: Received $1800 invoice for damage after rear-ending a rental car.

I was driving a rental car and rear-ended another driver who was also in a rental—specifically, a loaner from a dealership. The damage appeared minimal at the time, and we exchanged information. Recently, I received an invoice for $1800 from a body shop regarding the other driver's vehicle.... View More

Tim Akpinar
Tim Akpinar
answered on Mar 21, 2025

A Florida attorney could advise best, but your question remains open for a month. I'm sorry about your accident. I hope all involved are okay. A starting point could be to review the terms of your rental and what it covers in terms of property damage. Based on the facts the post, it isn't... View More

1 Answer | Asked in Car Accidents, Insurance Defense and Personal Injury for Florida on
Q: Unauthorized driver totaled my car in accident; other driver at fault. What should I do?

I lent my car to my cousin while he was visiting for the weekend. His friend took my car without permission and was involved in a car accident, totaling the vehicle. The police are not aware of the unauthorized use, as my cousin did not report it. The other driver was at fault, but the unauthorized... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 19, 2025

I assume you have made total disclosure to your insurance company of the facts. If not, you need to do so immediately. I'm guessing from your description that the unauthorized individual is attempting to receive the PIP benefits under your policy for payment of medical bills and/or is... View More

2 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Georgia on
Q: Can insurance payout for medical expenses be received directly?

I was involved in a car accident, and the other party's insurance has offered $5,000 for medical expenses. I've already received medical treatment using my own insurance, and I'm considering possibilities for future medical costs. I haven't been able to work for 5 days, and my... View More

Michael W. Horst
Michael W. Horst
answered on Mar 19, 2025

I am concerned the insurance adjuster is attempting to take advantage of you. The adjuster should be issuing to you a settlement check which compensates you for medical bills + lost wages + pain and suffering. The fact that the adjuster is attempting to pay the medical care providers directly for... View More

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1 Answer | Asked in Car Accidents, Consumer Law and Insurance Defense for Indiana on
Q: Can my son be held responsible for a car accident without clear fault on snowy roads?

My son was involved in a car accident in Indiana with no personal injuries and no citations for fault by the authorities. The roads were snow-covered at the time of the incident. The other driver lost control and wrecked their vehicle, and subsequently, my son, who was behind them, hit their... View More

Charles Candiano
Charles Candiano
answered on Mar 17, 2025

If I understand correctly, you imply that your son was driving uninsured on the date of the accident. You further state that the roads were snow-packed and that the car in front of your son lost control while it was traveling at approximately the same speed as your son. The other car was... View More

3 Answers | Asked in Personal Injury, Consumer Law and Insurance Defense for California on
Q: Is it worth pursuing a personal injury claim against Vons? Offered $25,000.

I was shopping at Vons in the discounted section next to the swinging employee doors. Without warning, the door slammed open, and an employee hit me with a metal cart, causing me to fall. The emergency room physician ordered MRIs of my head, neck, and back, revealing several injuries, including a... View More

William John Light
William John Light
answered on Mar 16, 2025

Money damages are based on a lot more than what you have posted, so no one can give you an accurate response. Age, part and future medical expenses, past and future pain and suffering, permanent disability, past and future wage loss, etc. are all things that attorneys would consider in trying to... View More

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3 Answers | Asked in Personal Injury, Consumer Law and Insurance Defense for California on
Q: Is it worth pursuing a personal injury claim against Vons? Offered $25,000.

I was shopping at Vons in the discounted section next to the swinging employee doors. Without warning, the door slammed open, and an employee hit me with a metal cart, causing me to fall. The emergency room physician ordered MRIs of my head, neck, and back, revealing several injuries, including a... View More

David W Gammill
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answered on Mar 15, 2025

Your situation absolutely warrants serious legal consideration, and based on what you've described, your claim is likely worth far more than the $25,000 the insurance adjuster has offered. Given your head and cervical spinal injuries, medical expenses, lost wages, and the store’s admitted... View More

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1 Answer | Asked in Car Accidents and Insurance Defense for South Carolina on
Q: How long for a settlement after non-injury, not-at-fault rear-end collision?

I was involved in a rear-end collision a while ago where I was not at fault and there were no injuries. A police report was filed, and I have contacted both my insurance company and the other party’s insurance. All necessary paperwork has been submitted, including ongoing negotiations. How long... View More

Tim Akpinar
Tim Akpinar
answered on Mar 15, 2025

A South Carolina attorney could advise best, but your question remains open for a week. I'm glad no one was injured here. Given the facts you present (no injuries, rear-end collision), it sounds like a straightforward claim that shouldn't encounter delays. If there is a dispute in how the... View More

1 Answer | Asked in Insurance Defense, Personal Injury and Contracts for Kansas on
Q: Is Progressive Insurance obligated to cover full repair costs for a crash into my building?

I own a commercial building where a non-impaired driver crashed into the exterior wall. The repair cost for the wall and window is estimated at $13,000. The driver's insurer, Progressive Insurance, acknowledges their policyholder is at fault but is offering only $10,000, citing actual cash... View More

Tim Akpinar
Tim Akpinar
answered on Mar 15, 2025

A Kansas attorney could advise best, but your question remains open for a week. You raise a good point, and your question is valid - we're not talking about cash value of a vehicle - the claim at hand involves property damages to a building. A local attorney could advise best about the... View More

2 Answers | Asked in Business Law and Insurance Defense for California on
Q: Why should a Realtor get their own insurance if covered under broker's policy?

I am assisting a customer who is a Realtor, and they are curious about why they might be advised to purchase their own General Liability and E&O insurance policies if they are already covered under their Broker's policies. They want to understand the benefits or situations where having... View More

Pavel Kolmogorov
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answered on Mar 13, 2025

Individual General Liability insurance can provide additional protection that may not be covered under the Broker's policy. For example, the Broker's policy might have exclusions or limitations that do not fully protect the Realtor in certain situations. Broker-provided policies typically... View More

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2 Answers | Asked in Car Accidents, Personal Injury and Insurance Defense for Illinois on
Q: Can I sue after signing a law and injury form with State Farm and my car was totaled?

I was in a car accident and signed a law and injury form with State Farm. A couple of days later, State Farm totaled out my car. Given this situation, am I still able to sue?

Charles Candiano
Charles Candiano
answered on Mar 10, 2025

There is no such thing as a "Law and Injury Form," so it is difficult to answer. Your property damage claim is handled entirely separately from your personal injury claim. Before any insurance company will release any money to you for property damage or personal injury, you must... View More

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3 Answers | Asked in Personal Injury, Consumer Law and Insurance Defense for Florida on
Q: Tripped over cord in friend's house, broke arm, seeking legal advice.

I live in Lakeland, Florida, and I was helping my friend clean their house to prepare it for sale. Unfortunately, I tripped over a cord that wasn't visible and broke my arm severely. I underwent a 6-hour surgery to insert rods, screws, and a metal plate in my elbow. My friend's house is... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 10, 2025

Yes, I think you have a claim. Your claim would be stronger if you took a picture to show that the cord was concealed or hidden from obvious view. However, that would not be indispensable for you to pursue a claim. You should retain an attorney on contingency fee here in central Florida, which... View More

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3 Answers | Asked in Personal Injury, Consumer Law and Insurance Defense for Florida on
Q: Tripped over cord in friend's house, broke arm, seeking legal advice.

I live in Lakeland, Florida, and I was helping my friend clean their house to prepare it for sale. Unfortunately, I tripped over a cord that wasn't visible and broke my arm severely. I underwent a 6-hour surgery to insert rods, screws, and a metal plate in my elbow. My friend's house is... View More

Mitchell Feldman
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Mitchell Feldman
answered on Mar 10, 2025

You do have a claim for negligence. Medicaid will have a lien on the recovery, and generally in any personal injury case, the insurance carrier, medicaid or medicare have liens on the recovery. I think time is of the essence. Generally the homeowners insurance should provide some level of... View More

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3 Answers | Asked in Personal Injury, Consumer Law and Insurance Defense for Florida on
Q: Tripped over cord in friend's house, broke arm, seeking legal advice.

I live in Lakeland, Florida, and I was helping my friend clean their house to prepare it for sale. Unfortunately, I tripped over a cord that wasn't visible and broke my arm severely. I underwent a 6-hour surgery to insert rods, screws, and a metal plate in my elbow. My friend's house is... View More

James Clifton
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James Clifton
answered on Mar 10, 2025

Yes, you have a case. If the cord was in a location where you couldn't reasonably expect it, or it wasn't clearly visible, this could be considered a hazardous condition that your friend was responsible for addressing. You definitely want to work with a premises liability attorney.... View More

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2 Answers | Asked in Car Accidents, Civil Litigation and Insurance Defense for Georgia on
Q: Received $15,000 lawsuit demand after minor fender bender, no injuries reported. What to do?

My son was involved in a minor fender bender two weeks ago, resulting in a scratch on our car and some cosmetic damage (headlight knocked out and a bumper dent) to the other vehicle. He received a warning ticket for failure to yield right of way, with the police report stating no injuries. While we... View More

Tim Akpinar
Tim Akpinar
answered on Mar 15, 2025

Your insurance carrier is probably setting up a claim, if it hasn't done so already. It sounds like it's only a letter at this point. You probably already did so, but if you haven't, turn the letter over to your insurance carrier after making a copy for your own files. If the matter... View More

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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Ohio on
Q: How to tell if Life Insurance company is being truthful when they say beneficiary was changed when I was the beneficiary

I have an insurance policy document that my mother took out in 1976 with myself listed as the beneficiary. When I inquired with the company they said that I was not listed as the beneficiary even though I have document indicating that.

Then they said that the "beneficiary might have... View More

Tim Akpinar
Tim Akpinar
answered on Mar 7, 2025

An Ohio attorney could advise best, but your question remains open for a month. What the insurance carrier is telling you about the beneficiary possibly changing could be true. They don't really have an incentive to lie about who a beneficiary is - they make payment one way or the other, based... View More

3 Answers | Asked in Car Accidents, Civil Litigation and Insurance Defense for Nebraska on
Q: Son sued for $7200 after uninsured car accident in Nebraska.

On March 10, 2022, my 18-year-old son was involved in a car accident on an icy/snowy morning. He was uninsured at the time. While driving through a tee intersection without a stop sign, he was hit by another insured driver, resulting in his truck being totaled. Information was exchanged per police... View More

Tim Akpinar
Tim Akpinar
answered on Mar 16, 2025

As my colleague advises, it could worth reviewing things more closely and exploring whether a counterclaim might be worthwhile. According to your post, there is no official report. So Progressive's determination in all likelihood arose from their own insured's statement. Based on the... View More

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