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California Insurance Defense Questions & Answers
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,...
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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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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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1 Answer | Asked in Appeals / Appellate Law, Family Law, Health Care Law and Insurance Defense for California on
Q: I was taken to court and my ex won but it contradicsts state laws. Should i request a set asude or appeal?
Tim Akpinar
Tim Akpinar answered on Jun 5, 2019

It's possible part of your question was inadvertently left off. An attorney would need additional information about the scope of the matter and state laws you mention on which you are contemplating an appeal. You could try reposting.

Tim Akpinar

4 Answers | Asked in Personal Injury, Car Accidents, Insurance Bad Faith and Insurance Defense for California on
Q: MR. LIGHT WHAT IF I DIDNT HAVE INSURANCE ON MY CAR AT THAT TIME?
William John Light
William John Light answered on May 18, 2019

Lack of insurance has nothing to do with who is at fault. If the other party is at fault, lack of insurance will only affect your ability to recover pain and suffering damages if you pursue a personal injury claim. You will only be able to recover economic damages (medical expenses, property... Read more »

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3 Answers | Asked in Insurance Bad Faith, Insurance Defense, Business Law and Car Accidents for California on
Q: WHERE CAN I FIND AN ATTY. FOR WHAT I BELIEVE IS INSURANCE FRAUD?

This young guy hit my car CLEARLY at fault & admitted it. the insurance paper showed his policy had expired He told me that he would talk to his mother to get my car fixed. His mom is an insurance agent. the calls that were supposedly from a claim adjuster were not the # was from his moms office... Read more »

William John Light
William John Light answered on May 18, 2019

Unclear if you are injured from a collision or just want property damage repaired. The remedy for establishing who is at fault in a collision is a lawsuit. If you want your property damage repaired, file in Small Claims. Bring photos of the damage, and of the scene. Bring copies of the... Read more »

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2 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for California on
Q: Guy cut me off while turning into driveway which caused me to fall and hit his car, driver made false insurance claim

Drive told Insurance that I hit his car while he was parked, I have witnesses that say otherwise, only thing is I have no bike insurance for bike nor a bike license, as I've owned it for a month, does this hurt me or what would happen?

In Barstow, California

William John Light
William John Light answered on May 13, 2019

If you are hurt, contact a personal injury attorney to pursue a claim on your behalf. Since you were uninsured, you can only recover your economic damages - no pain and suffering.

If you have property damage only, file suit in Small Claims court. Bring your witnesses and...
Read more »

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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Under Insurance contracts required to conform to cal statues change insurance contract exclusion provision of ownership

Are Insurance contract, that state "all provisions of this contract amend to conform with statues of the state", and used an exclusions of "actual or beneficial ownership" to deny coverage, changed under cal statuary laws that define the transfer of the actual or beneficial owner as outlined under... Read more »

William John Light
William John Light answered on Apr 10, 2019

No one can answer without reading the policy, knowing the facts underlying the claim, and reading the declination letter from the insurer. However, "actual ownership" under the meaning of the policy is probably the meaning set forth in Vehicle Code 5600(a).

A beneficial owner is occurs...
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3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for California on
Q: What happens if you dont have insurance and are at fault for an auto accident?

My 18 yr old niece got in an Accident and was found at fault. She had no insurance and no DL at the time. she took no photos and cant rember the Accident because she lost consciousness and suffered a concution, one of the other drivers also did not have insurance and got an lawer and she recived a... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Feb 24, 2019

If she was at fault like you say then you really need to find out how much damage was done to the other car and find out if anyone was hurt. That will determine her financial liability. The fact that the other party got an attorney means the other person most likely was injured. If the other party... Read more »

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1 Answer | Asked in Insurance Defense for California on
Q: Am I legally required to have insurance on property if I didn't even know that I inherited it?

What happens if someone gets hurt on it?

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Nov 16, 2018

Unless there is a loan or mortgage on the property (or some other contract) which requires insurance, there is usually no legal requirement to have insurance. If a land owner does not have insurance, they are responsible for the risks associated with ownership. One such risk is the risk of being... Read more »

2 Answers | Asked in Car Accidents, Contracts, Insurance Bad Faith and Insurance Defense for California on
Q: I received a letter from a insurance company that said i owed $4,000 dollars in damages from a car that was a trade in

this transaction was in 2012. what do i need to show that i do not own that car?

William John Light
William John Light answered on Nov 14, 2018

You should have filed a Notice of Transfer and Release of Liability with DMV when you traded in the vehicle. https://www.dmv.ca.gov/portal/dmv/detail/online/nrl/welcome

However, the question is not what you need to prove that you don't own the car, but what the insurer/plaintiff needs to...
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1 Answer | Asked in Insurance Defense for California on
Q: What legal body regulates the insurance industry? Is it state law or some federal entity?
Tim Akpinar
Tim Akpinar answered on Oct 30, 2018

The California Department of Insurance oversees the insurance industry in your state. It has counterparts in other states.

Tim Akpinar

1 Answer | Asked in Insurance Defense for California on
Q: My insurance company is refusing to defend me in a lawsuit. Are they allowed to do that?
Tim Akpinar
Tim Akpinar answered on Oct 10, 2018

I don’t practice in California, but your question hasn’t been picked up in four weeks. A fundamental reason for purchasing insurance is so that the carrier will defend you against claims by parties alleging that they have been harmed by you. A consultation with an attorney in your state should... Read more »

1 Answer | Asked in Business Law, Insurance Defense, Land Use & Zoning and Mergers & Acquisitions for California on
Q: I have document s of of former landlord who fordury marriage certificate and life insurance over10idenitys
Thomas A. Grossman
Thomas A. Grossman answered on Jul 15, 2018

You have not explained what is going on, nor what you want to be answered.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: If i buy life insurance, then kill myself after 2 yrs or longer will they pay out the policy .
William John Light
William John Light answered on Jun 15, 2018

It depends on the language of the policy. You would have to read it, or have an attorney read it. This is a very poor idea. Please reach out to a mental health counselor, your pastor/priest, and/or family members. Suicide causes immense pain for your loved ones.... Read more »

1 Answer | Asked in Traffic Tickets, Constitutional Law and Insurance Defense for California on
Q: How do challenge the jurisdiction?

I'm traveling through from ga and I bought a van out of Los Angeles planning to sell it for money. I got pulled over in it like a week later and received a citation for no insurance. It wasnt registered but they didn't say anything about that. A couple of days later it got sold. They want to fine... Read more »

Dale S. Gribow
Dale S. Gribow answered on Apr 24, 2018

though more info is need.................as a rule jurisdiction lies with the location of the act.

this is the same problem OJ had with his vegas arrest.

he wanted case back in LA but no dice and his custody was there too and not in Calif

1 Answer | Asked in Traffic Tickets and Insurance Defense for California on
Q: How do I carry out challenging the jurisdictions of the court after first appearance
Dale S. Gribow
Dale S. Gribow answered on Apr 24, 2018

more info is needed

you do not do.....your lawyer does.

either a private lawyer or a public defender.

share your reasoning for wanting to change jurisdiction.

however, jurisdiction lies with the location of the crime........not your residence...........OJ had the...
Read more »

1 Answer | Asked in Insurance Defense for California on
Q: We believe a client has made a fraudulent claim against us about an injury on the property

- we're unsure at what point in the process we should hire an attorney.

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Apr 13, 2018

If you have liability insurance, talk to your insurer about it. They will probably not assign you an attorney until a lawsuit is filed, but should be advising you. If you do not have insurance, you should retain an attorney immediately. Mistakes made early in the process can really come back to... Read more »

2 Answers | Asked in Consumer Law, Criminal Law, Car Accidents and Insurance Defense for California on
Q: SR-22 rec'd from my insurance says "limited to driving vehicles registered in my name" - can i drive my parents cars?

as i understand, this is an "owner's type" of SR-22 and my insurance company doesn't give out operator's designations. if my parents give me permission to drive their car and im not EXCLUDED on their ins policy as being barred from driving - could i get in trouble with the law? mainly concerned... Read more »

William John Light
William John Light answered on Mar 1, 2018

If you live with your parents you should be a named insured to operate their vehicles. Check with your parent's agent to confirm coverage for you if/when you drive.

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4 Answers | Asked in Insurance Defense and Civil Litigation for California on
Q: How long does it take attorneys to write up settlement release forms?

My attorney contacted me on the 26th of January stating we settled and they would be sending out a couple of release forms for me to sign and yet almost 3 weeks later, still nothing. Is this normal?

David Alan Wolf
David Alan Wolf answered on Feb 14, 2018

Once a case is settled, it may take several weeks to even a few months to get all of the paperwork signed and the bills / liens resolved. If there are no medical bills and there are no medical or other liens, the process can go a bit quicker. Also, the insurance company typically sends over the... Read more »

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