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Virginia Insurance Bad Faith Questions & Answers

1 Answer | Asked in Insurance Bad Faith, Arbitration / Mediation Law and Car Accidents for Virginia on

Q: What is the best course of action to take when you suffer property damage and loss of income.

The accident involved a tractor trailer and car. The car veered a considerable distance over into the tractor's lane. The insurance company is stalling and the tractor is the drivers livelihood. The claims agent said he would not send out an adjuster and after "his" investigation determined fault... Read more »

Peter N. Munsing answered on Jun 12, 2019

Not sure whose adjuster/claims agent it is. However understand if police were called the police report will be used. Also if you have collision, use that, let your company go after theirs. Most states require that property damage be settled promptly and fairly You can always file a complaint with... Read more »

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 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 reduction...
Read more »

1 Answer | Asked in Insurance Bad Faith and Civil Litigation for Virginia on

Q: Which type of claim - declaratory judgement or other?

I filed a Warrant in Debt in VA General District Court against an insurance company for not paying a claim I made against my renter's insurance policy. The basis of my claim was that the damage should have been covered under the vandalism or malicious mischief peril. Malicious mischief is not... Read more »

F. Paul Maloof answered on Feb 22, 2018

A Declaratory Judgment Complaint would be your best avenue of approach based on your reported facts.

1 Answer | Asked in Estate Planning and Insurance Bad Faith for Virginia on

Q: My father passed away in May 2017 and my two brothers and I inherited his home. The insurance policy is in dads name but

house is in my name and my brothers' names. We've been paying the homeowners insurance policy premium. How long is the insurance policy good for? Does it need to be in our names in case something happens?

Matthew Lane Kreitzer answered on Jan 25, 2018

Depending on the value of the home, whether there was a mortgage on the home, and how the home was transferred there is a strong probability that additional steps must be taken to manage the home and not have any adverse consequences down the line. You should schedule a meeting with a Probate... Read more »

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 the pay... Read more »

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 »

2 Answers | Asked in Insurance Bad Faith, Real Estate Law and Landlord - Tenant for Virginia on

Q: Can I sue State Farm for taking too long to communicate with us for rental ins claim and giving us wrong advice?

State Farm's rental insurance claim has denied to cover us since we negligently turned off our house heater while going on vacation causing appliance connectors to burst. Explained the situation to local agent who said I would be covered and to go to a hotel and save our receipts for food. At the... Read more »

Richard Sternberg answered on Jan 18, 2018

Yes. You can take them to General District Court through a small claim. You may want legal counsel to act as an attorney advisor in teaching you how to prepare and try the matter, but the legal advice could cost a fairly large portion of the amount of your present claim.

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1 Answer | Asked in Civil Litigation and Insurance Bad Faith for Virginia on

Q: Can I sue my health insurance company or the pharmacy if they refuse to provide or cover items listed under my plan?

I pay into a health plan that is supposed to give me a discounted rate through a specific pharmacy. However, this pharmacy has on numerous occasions refused to provide medical equipment for diabetes, that is clearly covered under my contract. The additional money that I pay monthly is supposed to... Read more »

F. Paul Maloof answered on Oct 31, 2017

I think your next step is to contact the Office of the Attorney General of Virginia and make a formal complaint. They can investigate your claims and bring an action if they find a violation of your rights, and more importantly, they do not charge for their work. If you cannot get satisfaction... Read more »

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Virginia on

Q: What is the statute of limitation on filing a car insurance bad faith claim in virginia?

Peter N. Munsing answered on Oct 20, 2017

Big question in these cases is when you knew of the bad faith. Members of the Va. Trial Lawyers Assn give free consults. Look for someone who handles bad faith cases and see what they say as to your case.

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. 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 Personal Injury, Workers' Compensation and Insurance Bad Faith for Virginia on

Q: How long do an insurer have before they have to respond to my claim, after they chose further Investigation.

They responded to the claim by checking further investigation. Now how long do they have after that, before they have to respond. Also any injury I obtain due to this amputation, such as losing my license and being held contempt of my Childsupport obligations. Can the Commissioner make the insurer... Read more »

Jan F Hoen answered on Sep 15, 2016

Once a claim for benefits has been filed with the Commission, a 20-day order is issued requiring the employer to accept or deny the claim. Perhaps you have not filed a claim form yet. Consequential damages are not benefits which can be awarded by the Commission; only statutory benefits for medical... Read more »

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