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Insurance Defense Questions & Answers
1 Answer | Asked in Insurance Defense for Louisiana on
Q: I am awaiting a lump settlement from a company’s insurance carrier. Can I sue company after for the rest of damages?

Water damage resulted in mold and remediation and treatment that the company’s insurance doesn’t cover; so need to know if I can do a petition for damages against the company after settling with their insurer.

Tim Akpinar
Tim Akpinar
answered on Nov 10, 2022

A Louisiana attorney could advise best, but your question remains open for two weeks. To receive the lump sum payment, chances are fairly good that the insurance company had you sign a release. If that was the case, the release would have served to let the company off the hook for all further... View More

1 Answer | Asked in Insurance Defense, Car Accidents and Personal Injury for Texas on
Q: Should I accept the auto-insurance settlement or should I seek an insurance lawyer/attorney to try to gain more?

My boyfriend was driving my car and in order to avoid a car coming into our lane, my car's auto-lane assist pulled the car to the left; we then hit a stationary barrier that was protruding into the roadway (there was NO shoulder on this highway).

We are on the same auto-insurance... View More

John Michael Frick
John Michael Frick
answered on Oct 27, 2022

Your question lacks important information like what is the cost to repair your car and how much, if any, has the damage to your car depreciated its value even after it is repaired.

There is no way to judge the settlement offer without knowing this information.

1 Answer | Asked in Insurance Defense and Personal Injury for Florida on
Q: Would the HOA’s insurance in the condo that I own a rental refund me if I paid for the damages done by hurricane Ian?

My rental was damaged by hurricane Ian and I had renters living there and decided to break the lease because of the damages and I started arranging to have the inner walls fixed and paid upfront $5000, however after the fact the Condo HOA informed me that their insurance will cover the inside... View More

Tim Akpinar
Tim Akpinar
answered on Oct 26, 2022

A Florida attorney could answer best, but your question remains open for two weeks. They might not be dodging your question - they simply might not know. In these settings, it isn't in the policyholder's (your HOA) hands. It's up to the insurance carrier. Some carriers want their... View More

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Utah on
Q: If insurance is not collected at the crash what happens then?

I am doing a school project and I need to know what would happen in a scenario where two people got into a crash. Person 1 does not collect persons 2 insurance-only their phone number. Legally speaking, does person 2 have an obligation to communicate with person 1 and provide their insurance?... View More

Tim Akpinar
Tim Akpinar
answered on May 1, 2024

A Utah attorney could advise best, but your question remains open for two weeks. Until you're able to contact a local attorney on state-specific laws, in most places there is an obligation to exchange driver info and insurance info. That would probably extend to phone follow-ups in most... View More

2 Answers | Asked in Car Accidents and Insurance Defense for California on
Q: I drive friends car and have an accident. I later found out that his car did not have car insurance, what should I pay?

My friend asked me drive his car, I rear-ended and at fault. After accident he told me the car no insurance, what part of compensation do I need to pay? no one was injuried.

James L. Arrasmith
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answered on Apr 29, 2024

In California, if you're driving a friend's car with their permission and you have an accident, you typically rely on the car owner's insurance to cover damages. However, since the car you were driving wasn't insured, the situation becomes more complex. Under state law, vehicle... View More

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1 Answer | Asked in Traffic Tickets and Insurance Defense for Tennessee on
Q: I got pulled over for no insurance and my seat belt ticket. I showed up to court and showed proof that I had insurance

Now and paid my fine. But 2 months later I get pulled over and they say my license are suspended. Why did they get suspended for?

Anthony M. Avery
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answered on Apr 12, 2024

You apparently were found guilty of lack of financial responsibility since you paid a fine. Why did you not hire an attorney? It might be possible to set aside the Sessions Judgment, but very doubtful. Contact DOS and see what it takes for reinstatement. Also hire a competent attorney.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Texas on
Q: Good morning, I am trying to find a pro bono lawyer that can help me with an insurance case.

My son is 5 and he was diagnosed with Autism around 2 yrs old. We have had him enrolled in an ABA facility for therapy in which he was going 40 hrs a week, as directed by his physician . Recently my insurance company cut his hours in half. We appealed this and had a new assessment done and sent it... View More

Tim Akpinar
Tim Akpinar
answered on Apr 3, 2024

A Texas attorney could advise best, but your question remains open for a week. If you're seeking a pro bono attorney, one option would be to start with legal aid organizations about information and resources they might have. State and local bar associations might be another source of guidance.... View More

1 Answer | Asked in Car Accidents and Insurance Defense for Colorado on
Q: if a volunteer is called and dispatched from his home and has a vehicle accident enroute whose insurance is responsible.

dispatched on medical emergency and hit 2 horses on road leaving home lives in howard,colo

Tim Akpinar
Tim Akpinar
answered on Apr 2, 2024

A Colorado attorney could advise best, but your question remains open for two weeks. I hope the volunteer and the horses are okay. It could depend on the policies, in terms of what they cover and what they exclude. Good luck

2 Answers | Asked in Car Accidents and Insurance Defense for Colorado on
Q: I was in a roll over accident not remembering if it was my fault or if I was driving or someone else woke up 8 hrs later

I was in the dirt the last message was at 930 they issues a ticket but was dropped but the insurance company did nothing even just liability I explained that but still nothing was 4 years ago broke my femur pelvis 2 spots 5 vertebrae collapsed my lung and split my spleen I don't remember what... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 1, 2024

There are methods to determine fault in car crash including the retention of an expert accident reconstructionist.

An experienced personal injury attorney can evaluate the information you do have to determine potential next steps.

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1 Answer | Asked in Real Estate Law, Insurance Bad Faith and Insurance Defense for Louisiana on
Q: My metal roof was damaged (color) by a cleaning business. The company has insurance that denied the claim.

Company owner sued his own insurance co and lost in a judgement. Where do I stand now? Do I sue his insurance also? Sue him personally? It’s been about 2.5 years

Tim Akpinar
Tim Akpinar
answered on Mar 21, 2024

A Louisiana attorney could advise best, but your question remains open for three weeks. An attorney could advise more definitively with more information about the basis of the denial. One option might be to review the denial with a local attorney, and also learn of applicable statutes of... View More

1 Answer | Asked in Foreclosure and Insurance Defense for Texas on
Q: Can i buy a title insurance policy for a deed in lieu of foreclosure in Texas? I am the owner finance lender.
John Michael Frick
John Michael Frick
answered on Mar 11, 2024

Yes, you can legally buy a title insurance policy.

1 Answer | Asked in Insurance Defense for New York on
Q: Insurance company total payout was $12,460.Lawyers sent me paperwork saying 10,000 they settled at , what about the2,640
Tim Akpinar
Tim Akpinar
answered on Mar 8, 2024

You could ask your attorney what the deduction is for. No one here could know what your attorney's out-of-pocket expenses were, but these could include index no. if your case was placed into suit, medical records requests, and other costs. If the case involved liens of any kind, those could... View More

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Insurance Defense for Louisiana on
Q: Blue Cross Blue Shield has been sending me someone else's mail for years. I told them to stop. Can I sue?

After years of dropping it in the slot marked "mail that's not yours," I finally called them to report it. I answered questions over the phone. They sent me a document, which I signed and returned stating I don't have any of the documents and haven't opened them. Also I... View More

Tim Akpinar
Tim Akpinar
answered on Mar 7, 2024

A Louisiana attorney could advise best, but your question remains open for a week. It doesn't sound like a case, for practical purposes. What damages did you suffer? This is only an individual opinion. Different attorneys could see the same matter differently. You could reach out to local... View More

1 Answer | Asked in Insurance Defense for Tennessee on
Q: Will my spouse go to jail for failure to maintain insurance in Christian county, KY?

He was pulled over for speeding. He did not have a physical copy of his ID but did provide a phone picture of front and back. He has his registration. We renewed the insurance immediately and the cop said we would get a warning if the agent confirmed it. He changed his mind and gave him a court... View More

Anthony M. Avery
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answered on Mar 6, 2024

Post your query in KY. It sounds like a good attorney in KY can get them dismissed in Court.

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Traffic Tickets for South Carolina on
Q: Can an insurance company deny my wife insurance because of my driving record?

My license is suspended, Nobody wants to insure my wife

Tim Akpinar
Tim Akpinar
answered on Feb 25, 2024

A South Carolina attorney could advise best, but your question is remains open for four weeks. One option might be to check with the South Carolina Dept of Insurance, as well as entities that oversee consumer rights. Good luck

2 Answers | Asked in Insurance Bad Faith and Insurance Defense for Tennessee on
Q: Hello, Is it necessary to list insurance policies in a living will or poa?
Anthony M. Avery
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answered on Feb 12, 2024

You need to talk to an attorney. Neither a living will nor a poa have anything to do with devising and bequeathing property at death.

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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Tennessee on
Q: My auto insurance company did a non renewal without giving me any notice. What are my options? I am In Tennessee.
Anthony M. Avery
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answered on Feb 6, 2024

No legal options. Carrier can contract with or not. Get insurance elsewhere.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Missouri on
Q: On a stolen car claim, Are car insurance agents legally allowed to talk to and/or make decisions with anyone besides me?

Car was stollen, made a claim with insurance company, police found stollen car around 10 days later. Communication was very difficult with this agent, never answered phone calls, provided details, hardly returned phone calls ect. Anyways my boyfriend ended up calling her and leaving a and stern... View More

Tim Akpinar
Tim Akpinar
answered on Jan 25, 2024

A Missouri attorney could advise best, but your question remains open for two weeks. Until you are able to consult with a local attorney about state-specific laws that could be applicable, insurance companies nationwide do proceed with investigations on claims, and sometimes escalate to their... View More

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Texas on
Q: If you get into an accident and one person is at fault, is it necessary for both people to exchange insurance?

If you have a link to a source that answers this question or supports the answer, it would be super helpful.

Joel Gary Selik
Joel Gary Selik
answered on Jan 19, 2024

Yes both must exchange information. For example consider Texas Transportation Code Chapter 550

1 Answer | Asked in Personal Injury and Insurance Defense for New York on
Q: Must a subpoena include "the annexed document" referred to in the subpoena? This is NY, the Supreme Court.
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 8, 2024

A subpoena needs to describe the document or item requested with sufficient particularity as to enable the party served with the subpoena to produce the document or item. It does not need to include a copy of the document referenced in the subpoena itself.... View More

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