Insurance Legal Questions

Your agent is mistaken. Immediately upon your mother's death, unless she had a valid will that provided otherwise, title to all her real property vested in you and your sisters. It did not need to go through probate and you all have insurable interests in these properties.   You may need to apply for insurance in your joint names, ie, "You, Sister 1, Sister 2 and Sister 3, as tenants-in-common" because that is how you all hold title to the property.  The agent really needs to speak with the underwriting department of the insurance company. They should be able to straighten this out.    I hope this helps but if you still have questions or concerns, do not hesitate to contact me.     ... Read More

You do not have to have your vehicle repaired at the place the insurance company tells you. The contract of repair would be between you and the body shop. The insurance company will only pay as much for repairs as is required under their coverage but they do not have the right to insist on where you have those repairs done. ... Read More

 A co-signer on a loan may be either a co-owner or a guarantor for the primary owner or borrower. My guess is that the title to the vehicle was put in both names: your friend's and yours. That is why the insurance company was able to have your license suspended for the wreck.   If you can show that you never operated the vehicle or did not otherwise receive any personal benefit from this arrangement, you may be able to convince the court that your role in this endeavor was as a guarantor.  That would permit you to sue the co-owner for the money you were forced to pay on his behalf.  The legal theory is that, generally speaking, if a guarantor has to pay money on account of the conduct of his principal, the guarantor has a right to be indemnified, that is to say, to be made whole by the other person.   A lawyer experienced in civil litigation should be able to assist you with your case.  While there are some lawyers who might be willing to take your case on a contingency fee basis (taking a percentage of your recover as a fee), you should be prepared to retain (pay upfront or as the case goes along) any lawyer you ask to assist you. The reason for that is that a person who fails to maintain auto liability insurance is likely to be financially unable to pay you the money you were required to pay out.  I hope this helps.       ... Read More

Obviously the Insurance company does not want to pay someone who can not prove he is the owner.  The owner can make another claim if they pay the worng person.  Also since they are actually paying to buy your car they want the title so that they can salvage the car.   If you dont have the titlte you can probably get oine from the DMV but you will have to go there and pay a small fee for a relacement title.  Good luck.... Read More

There is no conflict of interest here as opposed to you being upset that you can't profit from the part order. There is something shady here in that the insured is expected to pay for the part with a credit card and get reimbursed, as this is something that the insurer should do if it is buying parts to keep costs down.... Read More

Your relationship with the insurance company is governed by the insurance policy that the insurance company has with you and your employer. You would need to contact the insurance company to find out the reason why they removed your children from the policy. Sometimes they will not allow coverage if they do not live with you or are not dependent on you. If there was any additional charge, you can ask the insurance company to reimburse you for the premiums that were paid that covered your children. Be sure that the payroll deductions are adjusted, if any, for the future amount owed.... Read More

A power of attorney is a document stating that you are an agent for another, and can make decisions for him.  However, a power of Attorney expires at death. Did your father leave a will in which he named a personal representative who would then present the death certificate to the insurance company.  The answer to you other question is that the hospital bill should be paid (minus deductible) by your father's health insurance.  All debts must be paid by your father's estate within a certain time.  You are not responsible for your father's debts once his estate (all he owned both real property and personal property) is used. Regards, I am Dr. Michael G. Sribnick, Esq.  Lawyer in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read More

This is not  "due dilgence" issue so much as a "errors and omissions" type claim. YOu will have to prove that you instructed the agent to add your son and that he didnt timely do so. Its not clear from the facts about whether this can be supported especially when indicated you could not afford to add him. YOu will need to retain an insurance lawyer to address this type of issue. ... Read More

If you have collision coverage that will be the easiest route, since collecting directly from an uninsured person is difficult. However you do have recourse through the State. The following State website will provide all the information you need to have the driver/owner's license suspended until he/she pays what he owes you.  http://www.flhsmv.gov/ddl/frfaqcrash.html   Wishing you the best.   ... Read More

If you are hurt as a passenger when your driver is drunk and at-fault for the wreck, the insurer will try to claim that you knew that the driver was drunk and that you assumed the risk of injury by getting in the car with them. These are tricky cases and depend on the extent of the passenger's knowledge of the drinking and level of intoxication of the driver. They can be won and sometimes the insurer can be forced to accept some responsibility if you can show that you did not realize or were mislead about the driver's ability to function.... Read More

As a rightful heir to the estate, presumably as you are a blood relative of the deceased, a probate case has to be opened and you are entitled to all notices. You state that your father's death was an accident. If his death was a result of a third party's negligence, the estate, after it is opened of course, could bring a lawsuit against said third party via the executor of the estate. If a third party did in fact cause the death of your father, I would be happy to discuss your case at no charge, and if we take it, we would not charge you unless we win the case Stephen Black  ... Read More