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California Insurance Defense Questions & Answers
6 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for California on
Q: What type of lawyer would handle disputes with insurance companies over car accident involving a fatality?
Dale S. Gribow
Dale S. Gribow
answered on Nov 22, 2022

a car accident lawyer, referred to as a Personal Injury Attorney.

call one local, though.

if there is an injury, and you were not at fault, most of us would accept the case on a contingency fee. That means the lawyer will only take a percentage of what he/she gets.

absent a...
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2 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for California on
Q: My car insurance company asked me to get an attorney because I have a claim against me in a fatal car accident.

My insurance company had already found me 100% liable without the chp report being released

What type of lawyer handles this type of case?

Neil Anapol
Neil Anapol
answered on Nov 15, 2022

Its not clear what you are asking. Your insurance company has a duty to defend (retain a lawyer on your behalf) and indemnify you (pay any settlement or judgment up to the policy limit). If your insurance company is disputing coverage, you need an attorney who specializes in handling insurance... Read more »

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1 Answer | Asked in Insurance Defense for California on
Q: How long does a auto lender and insurance company (GAP) have to answer and refund a customer after written request?

I have written to cancel my Gap insurance due to paying off my car loan early, resulting in an overpayment from the auto lender and a refund per contract from the GAP insurance. It's nearing a month, the auto lender keeps saying they sent the check off and the insurance company besides... Read more »

James R. Dickinson
James R. Dickinson
answered on Oct 26, 2022

Speak with a local attorney for assistance. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for California on
Q: My car insurance had me complete an examination under oath.

After I completed my euo, I felt like a messed up on some of the questions but the attorney that represented my insurance company said they will mail me a transcript of the euo what does that mean and I can revise it ? Is that true ?

Dale S. Gribow
Dale S. Gribow
answered on Oct 25, 2022

the first thing you should do is make an appointment with a local PI lawyer.

you should never deal with the ins co on your own....or do you have a lawyer.

whatever you said will be typed up and you can correct what is wrong........but the ins co has the right to bring that to the...
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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Car Insurance, and maintenance BAR lawyer

Hello,

My passenger airbag in my Honda deployed on the freeway. There was no accident, I’m not sure if it was a pot hole, bump, or malfunction. My insurance is blaming it on manufacturer, and vise versa. Now Allstate won’t pay Honda for the inspection and storage fees after “the jerk... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Oct 4, 2022

Yes, I would advise that you contact a lawyer about your situation.

3 Answers | Asked in Insurance Bad Faith, Insurance Defense, Personal Injury and Civil Litigation for California on
Q: California Seatbelt defense falsely being claimed by defense counsel

Filed in pro per civil unlimited against negligent driver that rear ended me and was cited for speeding at scene of accident. Went to hospital and have been treating for spinal injury. Defense counsel for Kemper responded to suit by claiming plaintiff, (myself) not wearing seatbelt. However, I was,... Read more »

William John Light
William John Light
answered on Oct 2, 2022

Defendants get to assert defenses. They have to prove them by a preponderance of the evidence. You are entitled to dispute the defenses. That happens at trial by testimony or other evidence. Since there has been no trial, you have no right to prevent the Defendants from claiming this defense.

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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: My storage was burglarized Sunday. I immediately reported to P.D. and Management. I pay insurance yet they have no info?

My unit was broken into Sunday morning as this was viewed on their security camera footage following day. I immediately reported to P.D. and Management of storage and waited for someone to show Sunday when I was locked in overnight with no emergency number to call to get out. After explaining this... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 23, 2022

Demand that management give you the insurance company information. If not, you can sue and discovery that information during "discovery."

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Insurance denied are claim
James R. Dickinson
James R. Dickinson
answered on Sep 20, 2022

If you believe the denial was wrongful or in "bad faith," which it appears you do given your question on this site, speak with an insurance litigation attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client... Read more »

1 Answer | Asked in Car Accidents and Insurance Defense for California on
Q: Do I have to take my transcripts of my insurance company talking bout an accident small claims court?

I was wondering if I had to provide the arbitrator with the transcripts of the phone call I had with my insurance company about the accident? The guy tried suing me and when that wasn't working out he decided to take things to small claims.

Tim Akpinar
Tim Akpinar
answered on Sep 20, 2022

A California attorney could advise best, but your question remains open for two weeks. It could depend on the court. If you're in small claims, it suggests there are probably no injuries. If it will take time to order and retrieve the transcripts, it could be up to the court. In general... Read more »

2 Answers | Asked in Car Accidents, Personal Injury and Insurance Defense for California on
Q: Gf is being sued. Can we lose our home if she loses? Home is under both our names.

Gf was in an accident(at fault) with 2 other vehicles. (25k/50k policy) First vehicle took the settlment. Second vehicle owner is suing for 250k. She makes about 35k a year and no savings. Can we lose our home that is under both our names. 250k mortgage, valued at 390k? Is it protected under... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 19, 2022

It depends on how you own the property, as joint tenants or as a tenancy in common. If you are joint tenants, then a judgment creditor cannot likely place a lien on your home. The homestead exception applies only if the judgment debtor files for bankruptcy protection, in which case the home she... Read more »

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1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Car Accidents for California on
Q: What are my options if my auto insurance claim was denied without a thorough investigation?

I was in a car accident where a lady backed out of her driveway into me as I was driving by, so her bumper dragged across my entire passenger side and took off my mirror. I called my insurance agent, who told me I was to reach out to the other party's insurance, so I did, and waited till after... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Aug 26, 2022

contact a local PI lawyer................you were the victim.

any wits?

prepare a summary before you meet with the lawyer and bring pix

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Am I entitled to reimbursement if I had to purchase out of pocket to a medical supply company that is not in my network?

Because of a nation wide shortage of said medical device, I was forced to find this device on my own that was not within my Insurance network. If device wasn't obtained, I would have been placed out of work until device was obtained.

Tim Akpinar
Tim Akpinar
answered on Aug 21, 2022

A California attorney could advise best, but your question remains open for two weeks. Going strictly by the terms of the policy, it's possible you might not be entitled to reimbursement. No one here could know for certain. But these types of situations SOMETIMES have room for discretion on... Read more »

1 Answer | Asked in Family Law, Civil Rights and Insurance Defense for California on
Q: Put it this way then I need my little brother home cause I'm kinda slow not only that I have seizers
Tim Akpinar
Tim Akpinar
answered on Jul 3, 2022

A California attorney could advise best, but your question remains open for two weeks. It sounds like you might be asking about the possibility of a family member being your caregiver. If that's the case, one option is to reach out to homecare companies to learn more. Also, there are probably... Read more »

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Based on previous question, is it okay that I have served insurance co. for small claims court first vs. mitagation co.?

Letters were sent to both Insurance co. and mitagation co. about appliances (outside) being ruined and asked for replacement payment. Both denied responsibility. The mitagation co. wrote back stating that they are not responsible and turned it back to insurance co. The reason why I decided to take... Read more »

Neil Anapol
Neil Anapol
answered on Apr 22, 2022

I would have sued both of them in the same case, and if they wanted to blame each other -- let them. They are both responsible for what happened. As far as you're concerned, it does not matter how you allocate the loss.

1 Answer | Asked in Car Accidents, Insurance Bad Faith, Insurance Defense and Small Claims for California on
Q: California State Witness statement/ testimony

California State

I sent an email last week to the insurance company asking for the full testimony/statement of the witness and what he exactly said with the specific time and specific and date of the testimony after the insurance company closed the case based on that statement and ignored... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Mar 20, 2022

MORE INFO IS NEEDED.

IS IT YOUR INS CO? IF SO THEY HAVE AN OBLIGATION TO COOPERATE.

IF THE OTHER SIDE, THEY WILL PROBABLY SUGGEST YOU STATEMENTIZE THE WIT YOURSELF.

MAKE AN APPOINTMENT WITH A LOCAL PI LAWYER.

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Car Accidents for California on
Q: How long can the insurance company wait for witness to respond?

I was involve in accident where my the rear left side of my car was hit by another car(truck) after I took a left turn and enter the TWLT area where the accident occurred inside that area between the two yellow lanes, I have all the images to prove that. No injuries occurred we didn't file a... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Mar 6, 2022

The issue is often how much weight to give to the wit testimony. However, remember the car turning LEFT is usually presumed to be at fault ...absent other evidence.

It sounds like the damage is minimal and thus filing in small claims may get you some immediate response.

Remember you...
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1 Answer | Asked in Insurance Defense for California on
Q: In 2/20/2017 there was a flood in some areas of San Jose, CA., and my house's foundation was damaged by the water, but I

realized now because of the city's inspector report. Therefore I submitted a claim to my insurer this month.

But because of the late reporting the insurer asks me to sign a Non-Waiver Agreement. What the document is about? Should I sign it?

Thanks

Tim Akpinar
Tim Akpinar
answered on Jan 22, 2022

A California attorney must advise you here, but your post remains open for five weeks. As a general concept, non-waiver agreements arise in property & casualty claims when the insurance carrier reserves its rights to investigate and defend a claim, and where it does not concede liability. This... Read more »

1 Answer | Asked in Criminal Law and Insurance Defense for California on
Q: Can a tenant be prosecuted in 2021/2022 for rental insurance fraud committed in 2016?

The tenant organized an accident severely damaging the house, rendering it uninhabitable. The owner had to repair it. The accident could have killed people in or around the home at the time and the renter collected an insurance claim. We are in California.

Dale S. Gribow
Dale S. Gribow
answered on Dec 15, 2021

MORE INFO IS NEEDED.

DID YOU KNOW ABOUT IT THEN? WHEN DID YOU LEARN ALL THIS?

WHY ARE YOU NOW BRINGING THIS UP IF YOU KNEW FOR A LONG TIME???

BEFORE YOU DO ANYTHING CONSULT WITH A LOCAL LAWYER TO BE SURE YOU DON'T

HAVE ANY LEGAL EXPOSURE.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Could you answer to info on insurance adjuster?

I own a tree care company, we where providing services removing a tree stump. We had the area covered to prevent flying debris, also a 50ft edge was covering the side. On the other side of the 50 ft hedge a lady came by and said that an our earlier we had broken her sunroof window. I said I would... Read more »

Maurice Mandel II
Maurice Mandel II
answered on Nov 15, 2021

What can you expect? You can expect a demand letter from the insurance company asking you to pay for the damages and unless you pay them the insurance could be suing you for the money they paid on the homeowner's claim. If it goes to Small Claims, or any Court, they have to prove up a case.... Read more »

2 Answers | Asked in Car Accidents, Insurance Bad Faith, Insurance Defense and Legal Malpractice for California on
Q: how long does it usually take to handle a stolen vehicle claim?

my car was taken from home 60 days ago. august 15th. they have had my vehicle in their custody for 60 days while im paying cash daily for a car rental and they will not/have not returned my calls or emails since on or about 9/14. my insurance which is full coverage (making payments) is paid through... Read more »

Neil Anapol
Neil Anapol
answered on Oct 14, 2021

It depends. If the insurance company accepts the claim, and there is no dispute about the value of the vehicle, a few weeks at most.

If the insurance company suspects fraud and asks for your examination under oath, it could take several months, and the insurance company might eventually...
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