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California Insurance Defense Questions & Answers
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...
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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 »

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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 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 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.

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5 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for California on
Q: I WAS IN A accident and their insurance is take full responibililty, do i let repair or take check and repair myself?

the insurance company gave me 2 opitions . take to their repair shop - get a rental , est and repair. only get rental if i take to their shop and get repaired there. 2nd opition is take my jeep to get est. - no rental and they issue me a check . that was all that was said please heplp

Louis George Fazzi
Louis George Fazzi answered on Jul 28, 2020

Are you aware that you are asking this question of California attorneys? Most lawyers admitted to practice in the state of California may not be licensed to practice in Colorado, and consequently should not offer you advice based on California law.

Secondly, you did not indicate where the...
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3 Answers | Asked in Insurance Defense and Personal Injury for California on
Q: in need of a lawyer that can help me with my case involving auto insurance that has not taken my claim into account.

I was involved in a car accident that i was not at fault. However, my auto insurance has not taken responsibility of my claim. It has been a while and I've tried contacting them but thus far i haven't gotten a response. I want them to pay for my totaled car and my ignored injuries. They... Read more »

William John Light
William John Light answered on Jul 13, 2020

You will have to call PI attorneys, or email them, directly. Attorneys are not allowed to contact you or solicit your business. If anyone responds to your post in this manner, run in the other direction. You do not want attorneys who break rules representing you.

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1 Answer | Asked in Health Care Law, Insurance Bad Faith and Insurance Defense for California on
Q: In the state of CA can you change a last name but not get officially married to avoid increased health insurance cost?
Kevin Christopher Murphy
Kevin Christopher Murphy answered on Jun 30, 2020

Yes, you can change your name without getting married. However, you should consult with a Family Law attorney to get the best advice before making any decisions. Good luck!

6 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for California on
Q: I sold a vehicle on Craigslist, was negligent, & now I owe an insurance company 20k in damages?

I sold the vehicle, I had them sign their name and everything necessary on the pink slip, as well as my signature to release it, but forgot to remove and take the release of liability. The person has caused damages worth 20k yet I am liable. I have records of the conversation leading up to the... Read more »

Tyler Young
Tyler Young answered on Jun 11, 2020

Although insurance follows a vehicle, the driver is typically the person who is "responsible" and will be the named defendant in any lawsuit. Said another way, unless there are independent allegations against you (like you sold a defective vehicle etc...) you shouldn't be a party to... Read more »

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3 Answers | Asked in Car Accidents, DUI / DWI and Insurance Defense for California on
Q: If you get a dui at 17 with no license or insurance and get in a crash what will happen

could you go to court alone if you are turning 18 before the court date ?

Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on May 22, 2020

There are so many variables in this it’s hard to answer. The case will be handled in the juvenile courts. There certainly will be some very stiff punishments and more so if someone was injured. There will a significant license suspension of at least a year. Likely to be charged with multiple... Read more »

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3 Answers | Asked in Personal Injury, Insurance Bad Faith and Insurance Defense for California on
Q: does an insurance company have to defend the boat owner even though he is not listed as an insured on the policy?

The boat owner gave it to his son, who ended up getting insurance for the boat. The title for the boat was never changed.

William John Light
William John Light answered on May 19, 2020

Potentially, since the title never changed. An attorney will need to review the policy and do a coverage analysis.

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1 Answer | Asked in Insurance Defense for California on
Q: Am I liable to neighbors insurance co. from fire in my condo?

I got a letter from my neighbors insurance co recently saying, basically, "You owe us $6543 for damage you caused to our policyholder." First, they know no details about the fire but say I caused the damages. It was caused by a soundbar in my bedroom that caught on fire with no warning... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 4, 2020

Unfortunately, there is no "quick fix" type of response here that would address your issue. Handling the matter would likely require an investigation (since none was conducted) to assess the level of damages. Left to run its own course, one possibility is that the carrier could ultimately... Read more »

1 Answer | Asked in Insurance Defense for California on
Q: If my parents passed away and there was no wheel and they had insurance

If my parents passed away and there was no wheel and they had insurance And my older brother kept all the money and he was supposed to split it between all of his brothers and sisters But he didn’t do that if he kept it off I need to see what I can do about that

Tim Akpinar
Tim Akpinar answered on Dec 29, 2019

I hope that doesn't happen. It looks like you're asking about a will, and your question remains open for a while. You could try reposting in the Probate and Estate Planning sections. Hopefully, your question would have a better chance of being picked up by one of the attorneys there who... Read more »

1 Answer | Asked in Collections, Health Care Law, Insurance Bad Faith and Insurance Defense for California on
Q: I have been wrongfully charged twice for medical visits and it has caused me a world of trouble, what to do?

I have now been wrongfully charged by a medical department through county services claiming I did not have adequate insurance coverage at the time to cover the expenses incurred.

I have tried unsuccessfully, now this second time around, to explain to them that I did in fact have coverage... Read more »

William John Light
William John Light answered on Nov 25, 2019

You may have claims for violations of the California Fair Debt Collections Practices Act. Contact an attorney to evaluate your potential claims.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Insurance company revoked my contract after a small accident, what can i do? More details below.

I had a small car accident a few weeks after getting car insurance. When i did the claim my insurance decided to revoke my contract and cancel my policy. Therefore making it seem like i was uninsured. Me and the other driver agreed for me to pay half of her deductible ($250) to settle it. But now... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 21, 2019

Without seeing your insurance company's correspondence, your application, accident documentation, one can only guess what is happening here. It might be that the other driver wanted to be nice and handle the matter as a first-party claim, after which her carrier's subrogation department... Read more »

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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