Virginia Insurance Bad Faith Questions & Answers

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.

1 Answer | Asked in Traffic Tickets, Car Accidents, Insurance Bad Faith and Insurance Defense for Virginia on
Answered on Apr 16, 2018
Peter N. Munsing's answer
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 in what she gets.

You paid cash and didn't check to see if it was covered for collision? Sorry, that's likely on you.

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

1 Answer | Asked in Insurance Bad Faith and Civil Litigation for Virginia on
Answered on Feb 22, 2018
F. Paul Maloof's answer
A Declaratory Judgment Complaint would be your best avenue of approach based on your reported facts.

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

1 Answer | Asked in Estate Planning and Insurance Bad Faith for Virginia on
Answered on Jan 25, 2018
Matthew Lane Kreitzer's answer
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 Lawyer.

Q: GAP insurance co refused to talk to me. Told me they were communicating with Geico. Now I'm stuck with balance.

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Virginia on
Answered on Jan 18, 2018
Peter N. Munsing's answer
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 protection & the insurance commissioner. Send a written demand (hard copy) to GAP certified return receipt demanding they pay.

Use the Fair Credit Reporting Act to explain you had coverage but...

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

2 Answers | Asked in Insurance Bad Faith, Real Estate Law and Landlord - Tenant for Virginia on
Answered on Jan 18, 2018
Richard Sternberg's answer
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.

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

1 Answer | Asked in Civil Litigation and Insurance Bad Faith for Virginia on
Answered on Oct 31, 2017
F. Paul Maloof's answer
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 from the Office of the Attorney General, you may have a right to bring a civil rights lawsuit in a federal court in Virginia.

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

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Virginia on
Answered on Oct 20, 2017
Peter N. Munsing's answer
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.

Q: Need help fighting my health insurance. Is there a lawyer that can help me ?

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Insurance Defense for Virginia on
Answered on Nov 29, 2016
Mr. Andrew T. Bodoh Esq.'s answer
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.

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

1 Answer | Asked in Personal Injury, Workers' Compensation and Insurance Bad Faith for Virginia on
Answered on Sep 15, 2016
Jan F Hoen's answer
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 costs, wages, and permanent injury to a body part. Your amputation is eligible for a lump sum award and you should seek counsel to assist you with seeking an award or settlement.

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