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California Insurance Defense Questions & Answers
1 Answer | Asked in Real Estate Law, Probate and Insurance Defense for California on
Q: How to cash insurance check for deceased co-owner in CA?

I jointly owned a home in California with someone who has passed away. I was notified six weeks after their death. Although I did not live in the home, I discovered someone moved in and caused damage to the property. The insurance adjuster confirmed that repairs are covered, and a check will be... View More

Nina Whitehurst
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answered on Feb 21, 2025

A probate attorney can first review the deed to determine whether you are now the sole owner of the home or a co-owner with the decedent’s estate. If you are a co-owner then a probate can be opened to get that share transferred to the decedent’s heirs. If no heirs come forward to run the... View More

2 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for California on
Q: Should I get a lawyer after minor injuries in an Uber accident?

I was riding in an Uber car when it was involved in an accident, resulting in some minor scrapes and bruises. The police were involved, but I didn't provide a statement as I wasn't driving. I didn't seek hospital treatment due to the minor nature of my injuries, and I'm unsure... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Feb 17, 2025

On the one hand... if you didn't understand Uber's "communication" you should probably consult with a lawyer. On the other hand... if your injuries are so minor that you didn't seek medical attention, then the value of your claim is minimal. Uber will probably make a... View More

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5 Answers | Asked in Car Accidents, Personal Injury and Insurance Defense for California on
Q: Should I give a statement to other driver's insurer after a rear-end accident?

I was rear-ended about a week ago on I-5 during a traffic jam, which resulted in back pain. I have received medication and might need therapy, according to my doctor. The other driver's insurance company contacted me to give a statement about the accident. Should I provide the statement to them?

Samer  Habbas
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answered on Feb 13, 2025

It’s generally not advisable to give a recorded statement to the other driver’s insurance company without first consulting an attorney. Insurance adjusters often look for ways to minimize their company’s liability and may use your words against you to reduce or deny your claim.

If you...
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5 Answers | Asked in Car Accidents, Personal Injury and Insurance Defense for California on
Q: Should I give a statement to other driver's insurer after a rear-end accident?

I was rear-ended about a week ago on I-5 during a traffic jam, which resulted in back pain. I have received medication and might need therapy, according to my doctor. The other driver's insurance company contacted me to give a statement about the accident. Should I provide the statement to them?

Adam  Kocaj
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answered on Feb 13, 2025

No, you should not give a recorded statement to the other driver’s insurance company without speaking to an attorney first. Insurance adjusters may use your words against you to reduce or deny your claim. Instead, you can provide basic information (date, location of the accident) but avoid... View More

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2 Answers | Asked in Insurance Defense and Wrongful Death for California on
Q: Can a different insurance company take the amount I received from the at failt drivers ins. Out of the settlement

My parents died in an accident we were in abs their insurance wants to take the settlement amount I received from the at fault driver out of their settlement they are saying the driver was underinsured that’s why. It is for a wrongful death settlement they said it’s the law they have to take... View More

William John Light
William John Light
answered on Feb 11, 2025

If you have a wrongful death case, and you don't have an attorney, you are being foolish. If you have an attorney, ask him this question. If you are making a claim against your parents underinsured motorist coverage, then yes, amounts paid by the at fault driver's insurance are... View More

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3 Answers | Asked in Insurance Bad Faith, Insurance Defense, Products Liability and Small Claims for California on
Q: I am inquiring about an attorney that practices with Insurance for vehicles. Possibly a pro bono or sliding scale

I was involved in an accident last year and I was not at fault. I have a police report and have notified the other party's insurance however they have not been helpful. I have called and left multiple messages but it's almost a year and I have not received no call in return. Since the... View More

William John Light
William John Light
answered on Jan 26, 2025

The insurance company for the other driver owes you nothing until you get a judgment against its insured. If your car was damaged, get estimates for repair and for rental car during the period of repair. You can also contact a car appraiser to get an estimate of the diminution in value to the the... View More

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2 Answers | Asked in Car Accidents, Traffic Tickets and Insurance Defense for California on
Q: How much trouble am i in for falling asleep while diving, running a red light and causing a collision?

No one was hurt although the minivan spun several times it had to be towed away. It was a family on vacation and the minivan belongs to a rental company. I have no information from them and don't know what do I do? Also my car is a salvage title with no insurance and no registration but I do... View More

Tim Akpinar
Tim Akpinar
answered on Nov 23, 2024

It could depend on how aggressively the other side's attorney and authorities want to press those issues. If the other side chooses to bring a case, it could depend on how it would be handled. Some plaintiff attorneys assess an accident case in a matter-of-fact approach, seeing it solely in... View More

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2 Answers | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: My grandma purchased from national life in 1986. She’s paid twice what the policy is worth. Should she still be paying?

She feels like she has been completely miss lead. We already filled a complaint with the department of insurance and are waiting for them to investigate.

Adam Stoddard
Adam Stoddard
answered on Nov 15, 2024

It really depends on what the insurance policy and terms say. Your grandma's relationship with National Life is contractual. If she is paying a monthly or annual premium to keep the policy active, if she stops paying, she may no longer be able to receive the benefits of the policy. You should... View More

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3 Answers | Asked in Insurance Bad Faith, Insurance Defense, Consumer Law and Car Accidents for California on
Q: can liberty mutual say (lie) that i called in to change my collision insurance (only the collision portion) to an older

car that i had, which was paid off. why would anybody do that? one car is 30 years old and the newer car is still on a lien with the bank!They switched it from, my bank owned mind you, car just when i get in an accident and file claim. all of a sudden they wont pay a dime saying 2year prior i... View More

Leon Bayer
Leon Bayer
answered on Aug 31, 2024

Your position sounds logical, but I do see some flaws in your argument. You say this happened 2 years earlier, right? So, are you saying that for the last 2 years, you never looked at your insurance bills, and never noticed that your rates and coverage had changed? I find that hard to believe, if... View More

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2 Answers | Asked in Consumer Law, Civil Litigation and Insurance Defense for California on
Q: Zip-thru carwash damaged my daughter's jeep, rendering it un-driveable after she used their carwash - they are now refus

They are now refusing to pay for her car rental which climbed to nearly $5000 for they time they dragged their feet, didn't help her, didn't get her a ride home, didn't get her vehicle towed, and now they are telling US to open an insurance claim with OUR INSURANCE - we don't... View More

Leon Bayer
Leon Bayer
answered on Sep 6, 2024

I suggest you talk to your own insurance agent to find out if you making a claim will affect your rates. This is probably the kind of incident covered under your 'comprehensive' coverage which may cover things on a no-fault basis. Like, if her parked car was vandalized.

If your...
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4 Answers | Asked in Personal Injury, Insurance Bad Faith and Insurance Defense for California on
Q: Can an insurance company ignore my request to settle a 998 offer? I am the defendant.

The insurance company I am under received a 998 offer , it is within my policy limits but they want me to continue to fight the case. I want to settle this case and allow my policy to pay it. Can they ignore my request ,drag this case out to trial? Even though I will suffer the most damage in the... View More

James L. Arrasmith
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answered on May 28, 2024

In California, a 998 offer (also known as an Offer to Compromise) is a settlement offer made by either party in a civil case, pursuant to Section 998 of the California Code of Civil Procedure. If the offer is not accepted and the party who rejected the offer fails to obtain a more favorable... View More

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4 Answers | Asked in Personal Injury, Insurance Bad Faith and Insurance Defense for California on
Q: Can an insurance company ignore my request to settle a 998 offer? I am the defendant.

The insurance company I am under received a 998 offer , it is within my policy limits but they want me to continue to fight the case. I want to settle this case and allow my policy to pay it. Can they ignore my request ,drag this case out to trial? Even though I will suffer the most damage in the... View More

William John Light
William John Light
answered on May 28, 2024

The decision to settle or litigate belongs to the insurance company. If it exposes you to a judgment in excess of your policy limit, it might be responsible to pay the entire amount. You should probably send the adjuster a letter, certified mail, demanding that it, alone, be responsible for any... View More

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5 Answers | Asked in Car Accidents and Insurance Defense for California on
Q: being sued from auto accident and they are making false claim what to do ?
T. Augustus Claus
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answered on Jan 29, 2024

If you're being sued for an auto accident in California and you believe the claims against you are false, it's crucial to take specific steps to protect yourself legally. First and foremost, inform your insurance company about the lawsuit immediately.

They are typically obligated...
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5 Answers | Asked in Car Accidents and Insurance Defense for California on
Q: being sued from auto accident and they are making false claim what to do ?
James L. Arrasmith
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answered on Jan 26, 2024

If you are being sued from an auto accident in California and believe the claims against you are false, it's important to take immediate action. First, inform your auto insurance company about the lawsuit, as they are typically involved in defending against such claims under your policy. They... View More

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2 Answers | Asked in Personal Injury, Car Accidents, Insurance Bad Faith and Insurance Defense for California on
Q: Can I sue my car insurance company?

My insurance company has left my totaled vehicle in my name without paying any necessary fees - now we have a lien. They have grossly failed in defending me as their customer in a few ways and I would like to know if there are any options in pursuing legal action against them. Happy to give more... View More

James L. Arrasmith
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answered on Jan 3, 2024

Under California law, it is possible to pursue legal action against your car insurance company if they have failed in their obligations towards you as a policyholder. If your insurance company has not fulfilled its contractual duties, such as handling claims properly, paying necessary fees, or... View More

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2 Answers | Asked in Personal Injury, Car Accidents, Insurance Bad Faith and Insurance Defense for California on
Q: Can I sue my car insurance company?

My insurance company has left my totaled vehicle in my name without paying any necessary fees - now we have a lien. They have grossly failed in defending me as their customer in a few ways and I would like to know if there are any options in pursuing legal action against them. Happy to give more... View More

Tim Akpinar
Tim Akpinar
answered on Jan 6, 2024

You could reach out to attorneys to try to set up a free initial consult. But in these types of cases, it isn't necessarily bad faith - sometimes, depending on the finance arrangements, it's a matter of having or not having gap insurance coverage as well as respective liabilities in the... View More

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1 Answer | Asked in Insurance Defense and Landlord - Tenant for California on
Q: Can a tenant contractually waive Landlord from Landlord liability insurance in California?

The tenant will be subletting out the rooms that she's renting. She also has a separate contract with the Landlord to be their property manager in this case. Would the Landlord still be liable for injuries to sub-tenants and their guests or damages to the property besides usual wear and tear?... View More

James L. Arrasmith
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answered on Dec 20, 2023

In California, while a tenant can agree to certain responsibilities in a lease agreement, a landlord cannot contractually waive all liability, especially in regards to injury or harm that may occur on the property. The landlord maintains certain legal responsibilities for the safety and maintenance... View More

1 Answer | Asked in Car Accidents and Insurance Defense for California on
Q: How to handle car damage from an accident near US-Mexico border?

I was recently in an accident right after crossing the border from Mexico into the US, where someone hit my car, causing damage. We did not file a police report, but the other driver gave me their insurance information. How should I proceed with both insurance companies to address the damage to my... View More

James L. Arrasmith
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answered on Feb 20, 2025

First, document everything about the accident immediately - take detailed photos of the damage, write down exactly what happened, and gather all information from the other driver, including their insurance details, license plate, and contact information. Even without a police report, having... View More

1 Answer | Asked in Civil Rights, Health Care Law, Insurance Defense and Medical Malpractice for California on
Q: Can I pursue legal action against Kaiser and related entities for negligence, unaddressed grievances, and mistreatment?

Theres more to the story but Since June 6, 2022, I’ve filed multiple DMHC cases, including Case #1219942, regarding Santa Clara County’s failure to address grievances and comply with health plan laws. I have Asperger’s Syndrome, am homeless, and suffer from ongoing health issues, including a... View More

James L. Arrasmith
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answered on Jan 15, 2025

Based on the details you've shared, you may have grounds for legal action against Kaiser and related entities, particularly given the documented pattern of negligence and unaddressed grievances since 2022. Your situation involves multiple serious issues: inadequate medical care,... View More

2 Answers | Asked in Health Care Law and Insurance Defense for California on
Q: A medical billing company continues to send me bills with massive upcharges even after payments have been sent.

Is legal action applicable here? The statements are confusing and vary in amounts owed. When I've called the billing company which is separate from the doctors office, they don't answer the phone and they do not get back to me after voicemails. This gave me no option but to use the online... View More

Tim Akpinar
Tim Akpinar
answered on Jan 10, 2025

Your frustration is understandable. It could be worth discussing with your insurance carrier. As a general matter, they do not like to get involved in the collection aspect of bills through private third-party billing and collection companies. However, reputable insurance companies do want to... View More

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