Insurance Legal Questions

THe question that must be asked to determine if you have a claim is whether the neibor acted reasonably for the circumstances.  If there was no wind and no reason to expect one, they may not be resonsible.  If the opposite is true they would be responsible and you could sue them in small claims.  the ll/owner is not responsible unless you can show he knew or should have know what his tennant was doing or failed to do.... Read Answer

In order to properly evaluate your potential claim, you will need to provide additional information. Please contact our office at 702 734 3936 for a free consultation. One of our staff will be happy to assist you. Our firm has been handling personal injury cases for over 35 years. Talk to you soon. Best personal regards, Edward J. Achrem & Associates.... Read Answer

Typically insurance policies are limited to thier terms. They usually do not cover your comfort or convenience as opposed to repair/replacement of items, but you will need to have a lawyer review the terms to be sure. A 7 day period to wait for parts is by no means unreasonable unless your policy terms or conditions provide otherwise. If you have health conditions, you are certainly free to stay at hotel at your expense or to repair/replace the A/C unti at your expense, if you can't or choose not to wait for the insuance carrier to effect the repairs. ... Read Answer

Yes.  You have a duty to cooperate in an insurance claim investigation that requires you to provide any information the insurer reasonably requests.  Financial information is commonly requested in cases of suspected insurance fraud.  Unless there is a very pressing reason to resist the demand, you risk losing your coverage if you refuse to comply.  As far as phone records go, again, unless there is a very good reason to resist it, you will need to turn them over. ... Read Answer

I want to make sure that I understand the facts first. Another driver damaged your car and their insurance company says that the cost to repair the car is $3,000 which is more than the value of the car, so they want to pay you $3,000 which I assume is what they say the value of the car is. You claim that the car is worth $6,000 and want them to fix it. There is no requirement in the law that they have to give you 3 estimates. In Tennessee, your damages for the value of a damage vehicle is what was the value of the car before the accident minus what is the value of the car/salvage value in its damaged condition. If the car was worth $6,000 before the accident (undamaged condition) but only worth $1,000 after the accident (damaged condition/salvage value), then your damages are $5,000. The best way to convince them that you are right is to look around on the internet and try to find comparable prices for  what your car was worth before the accident.... Read Answer

Most accident lawyers will handle the property damage part of your claim for free, and only charge a fee, if you win the bodily injury portion of your claim, but again, the property damage portion will be gratis, whether the case is won or not. The best course of action to take is to hire Florida counsel asap, and dont speak with anyone about the case..   Sterphen Black 407-581-2581... Read Answer

If your son was to get into an accident while using your car, and he is at fault, then the injured party can look to your insurance for coverage.  A vehicle in Florida is considered a dangerous instrument. When it is lent out to another individual the owner of the vehicle assume the risk that whoever drives that vehicle may be negligent in using it.  Thus the owner of the vehicle can be held liable for damages caused by that vehicle. If your son was to cause damages by using your vehicle the injured party can go after his insurance and your insurance.  The only way to avoid this situation is to have the car placed solely in your son's name. ... Read Answer

Your insurance company will handle the claims process. If a lawsuit is filed against you, as the at fault party, then your insurance company should provide you with an attorney to represent you during lititgation.  At this point you may want to stay in contact with your insurance company as the claim process progresses.  I suggest you read the terms and conditions of your insurance policy to determine the obligations of your insurance company for this type of situation.... Read Answer

It depends.  As with most legal questions, it is critical that all relevant facts be explored.  For this reason, you should consult with an attorney who could investigate all relevant facts and perform necessary legal research.  However, at least 2 issues are raised by your question.  Fraud is a misrepresentation of a material fact upon which you rely to your detriment. One issue relates to the fact that you may give someone authority to sign documents on your behalf.  Did you you knowingly gave the agent permission to affix your electronic signature?  If you did not give the agent such authority, then the contract (insurance policy) may be voidable. The other question is whether you were given a true and accurate description of the terms and conditions of the policy that was issued to you. You should consult with an attorney to obtain a full and accurate evaluation of the questions presented.... Read Answer

Medicaid may have a right to reimbursement for medical costs it paid to treat accident injuries.  So, if a medicaid reicipient is injured in an accident and requires medicaid to pay his/her treatment bills, then medicaid would have a lien against any recovery obtained by the injured party. To me, when you say that a "medicaid Defendant" won, that means that he/she succeeded and thus does not have to pay the plaintiff.  A defendant who wins, typically does not receive any payment and thus there would be nothing to be paid to medicaid.  Medicaid is to be reimbursed only if the medicaid recipient receives payment from the person causing the accident.... Read Answer

If you were rear ended, you should hire counsel to explore every possible source of insurance coverage. A good attorney may be able to find coverage even if the at fault driver is insufficiently insured or lacks liability coverage. While this website precludes us from soliciting your business, you can reach out to a local Fl counsel for a free consult..good luck   Steve 407-581-2581... Read Answer

The disadvantage to not seeking to recover diminished value of a car damaged by another's negligent conduct is that you will not be fully compensated for your loss.    I assume that the insurance company has paid the cost of repairs, and possibly for loss of use of your vehicle during the time that it was out of service.    Diminished value represents the amount of money by which the vehicle's residual value was reduced as a result of being wrecked. Any car dealer will tell you that a car that has been wrecked, even if fully restored, is worth less money than a vehicle of like kind that has never been damaged.    I hope this helps. ... Read Answer