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Virginia Insurance Defense Questions & Answers
1 Answer | Asked in Insurance Defense and Estate Planning for Virginia on
Q: My husband was a beneficiary to an insurance policy for his mother. He passed away right before she did.

She was in Va. Who becomes the beneficiary now?

Nina Whitehurst
Nina Whitehurst answered on Feb 24, 2020

It depends on how the beneficiary designation in the life insurance policy was worded. If there is a contingent beneficiary, it would go to the contingent beneficiary. If there was no contingent beneficiary, then it might go to your husband's estate.

1 Answer | Asked in Car Accidents and Insurance Defense for Virginia on
Q: Rear ended the other car backing up while parking and his insurance claims that both are responsible for damages. Why?

I was recently involved in a Car accident at the University drive way where the other car backing up while parking on my way of lane. We shared our insurance info right after - no police involved. His rear end and mine front driver end, but his insurance company claims that in VA if both vehicles... Read more »

Jay Braddock Jackson
Jay Braddock Jackson answered on Oct 14, 2019

I do not know which insurance company it is with which you are dealing, but their explanation of the liability is inadequate at best. Virginia is a contributory negligence state, which means that you have a claim against the other driver if you have not contributed to the fault in the accident in... Read more »

1 Answer | Asked in Insurance Defense and Probate for Virginia on
Q: My friend left me an insurance policy...family don't want to send it to me ...he died 3 months ago...how can I find out
Richard Sternberg
Richard Sternberg answered on Oct 10, 2019

If you know the issuer of the policy, you can contact them. If you see that a probate estate has been filed, you can check the filings there, identify the policy, and make a claim if the policy has been included in the estate. If they will not cooperate and those sources are unsuccessful, a lawyer... Read more »

1 Answer | Asked in Products Liability, Insurance Bad Faith and Insurance Defense for Virginia on
Q: I was hit from behind and have a police report, yet the other driver's insurance company still denied my claim. how?

The insurance company said that since they were unable to get a statement from their insured that the claim was denied. However I have a police report with the report number that I already submitted to the company

Tim Akpinar
Tim Akpinar answered on Aug 3, 2019

Depending on the practices of the claim examiner and/or insurance carrier, they may be waiting for all information to come in before reviewing and considering the claim for payment. Hopefully, their insured will cooperate in a timely manner and this will enable processing your claim.

It...
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2 Answers | Asked in Civil Litigation and Insurance Defense for Virginia on
Q: My daughter was rear ended. Other driver was charged. Their insurance is investigating whether to pay or not.

The charged driver that rear ended my daughter was driving her mothers vehicle. Their adjuster has deemed our vehicle totaled (maybe $5k). We had liability only so our insurance doesn't want to provide us any assistance. Their insurance is investigating if they will pay because driver... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jan 22, 2019

I regret that I do not handle car accident or car insurance claims. Sorry.

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1 Answer | Asked in Insurance Defense, Landlord - Tenant, Public Benefits and Social Security for Virginia on
Q: Term life ins policy owner/beneficiary, effect me if I choose to rent subsidized apartment housing, State of Virginia.

I'm low income on SSD (not SSI), I can't afford market rent. I'm owner of & been paying on a Term Life $15,000 policy for 13 years on my ex & need the proceeds to pay off bills so I can maintain my regular monthly expenses. My concerns are that if I choose to rent subsidized... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jan 18, 2019

I regret that I do not handle insurance policy maters. Sorry.

1 Answer | Asked in Traffic Tickets, Car Accidents, Insurance Bad Faith and Insurance Defense for Virginia on
Q: I was hit extremely hard from the side and was cited a tic for $30, went by ambulance to ER and didn’t give statement.

The lady was flying and I don’t feel I was fully responsible. It was a brand new car and I pd cash 4 days prior and my insurance said I didn’t upgrade it from insurance I currently had, which didn’t include collision. I’m responsible for damages on my car. If she were going the speed limit,... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 16, 2018

Don't give statments until you talk to a lawyer.Call a member of the Va Trial Lawyers Assn--they give free consults.

If you failed to yield you can be given a ticket.

Generally as she was contributorily at fault you can argue to your company she should have a proportional...
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1 Answer | Asked in Insurance Defense, Small Claims and Car Accidents for Virginia on
Q: I was hit by another vehicle while driving my father's vehicle. I have some pretty bad injuries. Who gets the settlement

I was not the driver at fault.

Christian K. Lassen
Christian K. Lassen answered on Apr 2, 2018

The car money goes to car owner, injury money to you, but you'll need representation to get maximum compensation

1 Answer | Asked in Insurance Defense and Medical Malpractice for Virginia on
Q: Hello, my daughter was born with a cleft lip and gum line. Do we have cause to not pay out of pocket for her surgeries?
Rich Nagle
Rich Nagle answered on Feb 14, 2018

That depends on whether or not there was a breach of medical standards of care. Do you have reason to believe inappropriate care was given? If so consultation with a lawyer to review your claim would be the next step. www.trialhawk.com.

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Virginia on
Q: GAP insurance co refused to talk to me. Told me they were communicating with Geico. Now I'm stuck with balance.

I totaled my car in April 2017. The car was in my dad's name and I was listed as the co-signer. I had insurance though Geico and GAP coverage I purchased from the dealership. I had a concussion so my mom was taking care of most of the paperwork from the accident. She had a hard time getting... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 18, 2018

Talk to the lender. If yoiu still owed for sure they would let you know. But if you still owe, then call Gap, ask for a supervisor, explain what happened and as you are the insured,policy holder they must speak with you. If you get no satisfaction contact the Colorado AG's office of Consumer... Read more »

1 Answer | Asked in Car Accidents, Insurance Defense and Small Claims for Virginia on
Q: Warrant in debt claiming that I owe about 6500 to Geico Insurance.

I have been served with warrant in debt claiming that I owe about 6500 to Geico Insurance.

The incident happened in June of last year. I was driving at the intersection of glebe and columbia pike in Arlington when I rear endeded in to another car at the red light. The lady in the car in... Read more »

Jan F Hoen
Jan F Hoen answered on Oct 19, 2017

Because you were uninsured, the claim would have been paid by the other driver's uninsured motorist coverage with GEICO. They now have the right to pursue you through subrogation for what they had to pay.

If you wish to contest the damages, you should retain counsel. GEICO will have...
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1 Answer | Asked in Health Care Law, Insurance Bad Faith and Insurance Defense for Virginia on
Q: Need help fighting my health insurance. Is there a lawyer that can help me ?

Had foot surgery and was in therapy for 5 weeks, my insurance stopped therapy stating it was not medically necessary. I was making progress but when therapy stopped my foot regressed. I have gone through the appeal but have not been successful. I have lost my job due to the length of time out of... Read more »

Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Nov 29, 2016

There may be legal action that you can take, but there will be a cost for attorney fees, filing fees, and experts. An attorney will have to study the policy to make sure.

1 Answer | Asked in Insurance Defense for Virginia on
Q: Can the commission turn down a settlement your lawyer and the insurer already settled
Adam Studnicki
Adam Studnicki answered on Jul 25, 2015

Sounds unusual. Ask your lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible...
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