Get free answers to your Insurance Defense legal questions from lawyers in your area.
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 
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
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
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
While at a stop light, my car rolled slightly and scratched the car in front of me, causing minimal damage. The other party is now claiming $250,000 for bodily injury and loss of enjoyment of life. My insurance is reviewing the claim and suggested I might need to hire a lawyer. There is no... View More
answered on Feb 25, 2025
There is nothing to do now except allow your insurer to handle the claim. Attempts to transfer assets into other names will be deemed fraudulent. Further, based upon your description, such efforts are completely unnecessary. The amount for which a case settles compared to the original settlement... View More
I am a claimant involved in a situation where a second-party adjuster, supposedly acting on behalf of a security guard company's carrier, reached out to the business owner of a restaurant I was at. This adjuster claimed to be opening a claim on behalf of the security guard company mentioned in... View More
answered on Feb 23, 2025
You can hire an attorney to help resolve your dispute with the security guard company, or file a complaint with the superior court over what ever your dispute is with the security company. If an an adjuster for an unlicensed insurer or adjusting company is engaged in attempting to investigate or... View More
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
answered on Mar 5, 2025
If liability is solely on the other party, the two of you should be able to handle things solely through the other side's insurance. If the other side gave their carrier a statement, and the carrier is satisfied with the account of the accident, they could work with you - that would probably... View More
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
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
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
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
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
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
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
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
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
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.
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
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
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
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
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... View More
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
