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Insurance Defense Questions & Answers
3 Answers | Asked in Car Accidents and Insurance Defense for Oregon on
Q: My husband was killed in a car accident deemed his fault. Other driver is suing my insurance company and maybe me

personally. What kind of attorney do I need to talk to about this? I was not involved in the accident at all.

Brad  Holbrook
Brad Holbrook
answered on May 17, 2023

First, please let me offer my condelances on your loss. I realize that this makes it much more difficult to handle these "legal" matters associated with your husband's passing. You will need likely to need to consider how to protect yourself. Your question deals with a claim agaisnt... View More

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3 Answers | Asked in Car Accidents and Insurance Defense for Oregon on
Q: My husband was killed in a car accident deemed his fault. Other driver is suing my insurance company and maybe me

personally. What kind of attorney do I need to talk to about this? I was not involved in the accident at all.

Mark A. Siesel
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answered on May 15, 2023

If the car was not owned by you and you did not give your late husband permission to operate the vehicle, I see no basis for liability against you personally for this crash. If you are sued, and the auto liability insurance company does not provide a defense to you, you can retain your own private... View More

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1 Answer | Asked in Insurance Defense for New York on
Q: I had an accident five months ago but It wasn't big so I didn't report it My insurance still help me?

I had an accident five months ago. It wasn't big so I didn't report it. But now I am being sued by the other driver for $8000 in damages. Can I still get help from my insurance company? Its American transit insurance company ATIC. Do they provide free lawyer in this case?

Tim Akpinar
Tim Akpinar
answered on May 12, 2023

Turn the lawsuit papers over to American Transit after making copies for your own records. Because of the time gap, you may be confronted with the argument that their rights to investigate the claim were prejudiced by the delay in reporting. Every carrier can be different in their tolerance for... View More

1 Answer | Asked in Insurance Defense for California on
Q: If I have a life insurance license in CA, can I have my clients pay my LLC?
James L. Arrasmith
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answered on May 6, 2023

Yes, it is possible for your clients to pay your LLC if you have a life insurance license in California. However, there may be certain regulations and requirements that you need to comply with in order to do so. It is recommended that you consult with a legal and/or financial professional who can... View More

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Florida on
Q: What can I do if my GAP insurance doesnt want to Cover my Balance after car accident

I recently obtained a car from a dealer in Miami Florida everything worked out and I got a loan approval from chase auto financing. It included GAP as per the dealer Chase wouldn’t provide me a loan without it. So that was on 1/2/23 of the year. I only drove the car for about a month or so and on... View More

John Michael Frick
John Michael Frick
answered on Apr 27, 2023

You can file a lawsuit for breach of contract or for declaratory relief against both Progressive and Dealer Protection Loyalty. I'd sue both because the GAP company may be right and Progressive may have undervalued what it should have paid.

When you're talking about only $7,208,...
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2 Answers | Asked in Personal Injury and Insurance Defense for Florida on
Q: Over 2 years ago my daughter had a friend over and they explored the attic even though told not to. Friend fell.

The friend fell through some dry wall. No injury claimed then but now mother of friend wants our insurance info from that time to file a claim. What should we do to protect ourselves? This is in Florida.

Charles M.  Baron
Charles M. Baron
answered on Apr 13, 2023

I agree with Mr. Thorgaard, but you should also inquire, in a friendly way, as to what the injury issue is. Was she physically injured, and if so, what are the injuries, medical diagnoses and treatment, and at which medical offices? And why is the issue surfacing only after 2 years? And is there... View More

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1 Answer | Asked in Car Accidents and Insurance Defense for Florida on
Q: What can my parents do protect him and themselves since the car is in their name and they provide insurance?

My little brother just got his license was already involved in a hit and run. The other driver took off before the cops were contacted and a report was never made because my brother panicked and he also left the scene of the accident. The damages are estimated to be around $2000.

Charles M.  Baron
Charles M. Baron
answered on Mar 20, 2023

[Re-posting due to typo in prior post] You need to clarify your inquiry regarding "took off before the cops were contacted". Someone called 911 and gave identifying info, and then both drivers fled? Or the police were never called? The drivers can ID each other, or not? If no one... View More

1 Answer | Asked in Car Accidents, Personal Injury, DUI / DWI and Insurance Defense for Ohio on
Q: Do I legally have to disclose my Umbrella limit after an at-fault accident? Or can a judge force me to disclose it?

Does having a higher Umbrella limit make me a target for a larger settlement after an accident? Is this a State by State Law and if so, is there a good source to check?

Tim Akpinar
Tim Akpinar
answered on Mar 5, 2023

An Ohio attorney could advise best, but your question remains open for four weeks. Until you are able to consult definitively with a local attorney, your carrier might be able to provide guidance on this. Case law on disclosure could differ by state - but carriers nationwide are attentive to the... View More

1 Answer | Asked in Insurance Defense for Louisiana on
Q: Is "suspicious" phone calls enough to allow insurance company to go to trial with with an affirmative arson defense??
Tim Akpinar
Tim Akpinar
answered on Feb 22, 2023

A Louisiana attorney could advise best, but your question remains open for three weeks. If your claim is being denied on such grounds, it would depend on what the nature of the suspicious calls are. Characterizing a call as suspicious could be a subjective thing. If you have to litigate your case,... View More

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Illinois on
Q: I filed an appeal with my past insurance, and won. They won't send me a letter or email showing the records. allowed?

I filed an appeal with my past insurance, and won. They agree to remove the misrepresented/Fraud they marked on the claim as well as remove the claim so it would not effect me getting insurance with other company's. When I asked for a letter to show proof, or a email they said they can't... View More

Tim Akpinar
Tim Akpinar
answered on Feb 17, 2023

An Illinois attorney could advise best, but your question remains open for three weeks. There aren't details here on what the matter involved, and who handled the appeal. However, if you won an appeal, whether in court or through an arbitration tribunal, that would usually involve receiving a... View More

1 Answer | Asked in Car Accidents and Insurance Defense for Georgia on
Q: MY AUTO INSURANCE HAS DECIDED TO PAY A CLAIM MADE AGAINST MY POLICY. MY POSITION IS THAT NO ACCIDENT OCCURRED AND THIS

IS A FALSE CLAIM. WHAT CAN I DO TO ARGUE TO MY INSURANCE COMPANY TO NOT PAY THE CLAIM?

Tim Akpinar
Tim Akpinar
answered on Feb 11, 2023

A Georgia attorney could advise best, but your question remains open for two weeks. You could gather your evidence, such as video, photos showing no damage, witness statements, etc. Your position will probably result in your carrier conducting its own investigation. Ultimately, the decision will... View More

2 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for California on
Q: Is there a standard minimum you can expect to get from an insurance company from a minor hit and run accident?

A year ago I was in a minor hit and run accident. I had to see a chiropractor and was out of work for a few weeks. I went straight to the emergency room, so I also had a doctor bill. Mercury insurance has had a claim specialist working on this for a while now, they just got back my medical bill,... View More

James L. Arrasmith
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answered on Feb 20, 2023

There is no standard minimum amount you can expect to receive from an insurance company for a minor hit and run accident as each case is unique and depends on various factors such as the severity of the accident, the extent of the injuries, the amount of property damage, and other related costs.... View More

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1 Answer | Asked in Car Accidents and Insurance Defense for California on
Q: Car accident my insurance company sent this if I had something can I gift it DeclarationOfNoliabilty insurance&No asset

The insurance company sent it to me, I’m assume the document says I dont have assets.

If I do can I gift it away, is their anything I can do?

Tim Akpinar
Tim Akpinar
answered on Jan 4, 2023

A California attorney could advise best, but your question remains open for a week. One option is to consider discussing this with an attorney more thoroughly than is possible in the brief format of a Q & A forum. An attorney could review the terms of the insurance company's document, your... View More

1 Answer | Asked in Insurance Defense and Personal Injury for Texas on
Q: The third party insurance, paid my medical bills without ever contacting me I never signed anythingIs that normal?
John Michael Frick
John Michael Frick
answered on Dec 30, 2022

In my professional experience it is not "normal." But it's very wise, and I have recommended it before.

In many instances, it is simple the "right" thing to do based on the facts and circumstances of the case. Paying an injured party's medical bills without...
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1 Answer | Asked in Car Accidents, Health Care Law and Insurance Defense for Colorado on
Q: Hi my friend used to drive an ambulance, while driving in accident getting sued what kind of lawyer is needed, Colorado

Hi my name is Mary and I am a resource navigator I have a client who needs a lawyer but I am unsure what kind of lawyer to help her find. She is 19 and used to drive an ambulance, while driving she was in an accident she just was served stating she and the ambulance company is being sued. What... View More

Tim Akpinar
Tim Akpinar
answered on Dec 28, 2022

A Colorado attorney could advise best, but your question remains open for two weeks. It sounds like your friend needs an insurance defense attorney. Occupants of the other vehicle are apparently making a claim for bodily injury or property damage, or both. She should make a copy of the papers she... View More

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Texas on
Q: Do insurance companies have the right to hire an attorney to defend the insured against liability claims?

If liability is disputed in intercompany arbitration will the insurance company notify the insured of the arbitrators decision?

John Michael Frick
John Michael Frick
answered on Dec 9, 2022

In a typical automobile liability insurance policy, the insurance company has both the right and the duty to defend the insured driver.

It is not typical in intercompany arbitration for the insured to be notified of the award

1 Answer | Asked in Personal Injury, Wrongful Death and Insurance Defense on
Q: I am sued for personal injury, property Damage, wrongful death, but no one died. What can I do if I was at no fault?

House was being auctioned for tax Lien , branch broke by an act of god which hit power line and pulled metal pole down. The pole landed on a vehicle in which supposedly someone was struck (this did not happen on my property). The wound (which was 1cm in length) was adressed with dermabond then... View More

Michael Jonathan Sabbeth
Michael Jonathan Sabbeth
answered on Nov 21, 2022

I'm very sorry to hear about your predicament. The best thing you can do is to inform the insurance company that insured your house/the property at the time of the injury. Typically, they will handle the defense of the case, even hiring and paying for a lawyer to defend you. I hope this is... View More

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?

James R. Dickinson
James R. Dickinson
answered on Nov 15, 2022

That's odd. As Mr. Anapol has stated, insurance companies generally have a duty to defend. If the insurance company is denying coverage, speak with an attorney handling insurance coverage or bad faith litigation. [I litigate cases. Anything posted here must not be construed as legal advice,... View More

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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... View More

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