Insurance Legal Questions

Technically speaking, there is not much you can do about it.  Once they offer you full value for the vehicle plus the salvage value, they are entitled to take ownership of the vehicle and salvage it.  Your only option would be to keep the vehicle.  But there are some problems with doing that.  First, they will deduct the salvage value of the vehicle from the amount they are offering you, meaning you will get less money for the car from the insurance company.  Second, they will require you to convert the title to a salvage title before releasing the money, meaning the car will not be allowed to be operated on a public roadway until all repairs are made and it is certified repaired by the Ohio Highway Patrol.  This will cost you more money in addition to the repairs, and you will not be able to use the vehicle until all repairs are made and certified, not solving your problem. The only other option I see would be to request that the repairs be made since it is less than what the vehicle is worth.  But they will probably deny the request, as it is their choice whether to repair or total. As to the loan balance, that is an unfortunate situation that I see in my practice quite often.  Check with your daughter's insurance company to see if they provide gap coverage, which will pay the difference between the total loss value and the amount owed on the loan.  Also, check with the bank.  Some banks include gap coverage in the application for financing, so they may have it.  If she has gap coverage through either, then she may not be liable for the deficiency balance between the value of the vehicle and the amount owed on the loan. Tough situation, and I wish I had better advice for you.  Best of luck to you and your daughter.... Read More

Any one you like. Though you will likely find that you will have to hire one at an hourly rate/retainer and typically will not get any value from the hotel who is not obligated for the criminal acts of third parties as a general rule in addition to the usual waivers you agree to in this regard.... Read More

Depending on the circumstances of the dismissal, you could recoup your costs of defense. Did the judge make a finding that you were "fraudulently joined?" Did your attorney move for sanctions under Rule 11 of the West Virginia Rules of Civil Procedure? With more information, I could give you a more definitive answer.... Read More

There are too many missing facts to even begin to address such an issue. You may well have to hire another lawyer, but with a retainer and payment, to review what you have already done and help you sort this out. It is very confusing that you would beexposed to the lawyers costs and fees for an appeal while you also claim you have "won" in court. If you have further questions, feel free to call out offices at 1-800-922-6442 for a FREE consultation.... Read More

No idea because the question is way to vague. I would start with contacting your insurance company and find out status of the claim. It sounds like there was a coverage or claim denial. Should you have any further questions, please fee free to contact our office 1-800-922-6442 for a FREE initial consultation.... Read More

Depending on the type of deductible, its possible. You should simply sit downwith a local attorney of your choice and discuss this issuein detail. If you have any further questions or concerns, you can always contact our office at 1-800-922-6442 for a FREE consultation to see if we can assist you further.... Read More

If the insurance company sent you a check for damages to your car and you spent the money on something other than the car repair, then there is nothing you can do. The insurance company fulfilled its obligation and paid you the money for the damage to the car.   Best of luck! NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response.... Read More

Since you didn't suffer any harm or damages, you likely do not have grounds for any legal action. I wouldn't expect much of anything out of this.  I am glad you are unharmed.  You can continue to talk and work with the insurance company and you may get some small settlement amount, but again, as you were not injured and thus, did not suffer any damages, there is likely not going to be any grounds for a legal disputer or large monetary settlement.  NOTE: This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response.... Read More

It doesn't matter if they closed the file.  You can bring a claim and sue for 2 years after the incident.  Tell them to open the claim.  If they don't you can sue.  Depending on the amount of the damage, small claims would be good up to $5000.  If your call doesn't work have a lawyer send them a demand.... Read More

Other than perhaps a notice issue, likely no. Typically, it is your responsibilty to make sure the credit card information for such a payment arrangement is kept up to date not the insurance carriers, so that would be the starting point, unfortuately. If you have further questions, please feel free to contact our office at 1-800-922-6442 for a FREE consultation.... Read More

Im sorry to hear about the fire damage to your home.   In this case, Loss of Use means that they will pay for your hotel or alternate housing. It could include other things.  The best thing for you to do at this point is get a copy of your insurance policy.  If you no longer have one because of the fire, you should request a copy from your insurance company.  It should have the specific definition of "Loss of Use".  Best of luck. NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client privilege exists or is formed by this response.... Read More

A lot of insurance companies/policies won't insure a home if it is vacant or unoccupied.  You should consult your insurance policy and endorsements to see if this exclusion applies in this event. But in general, this language often frequents insurance policies.  Insurance companies view vacant or unoccupied homes as an increased risk for break-ins, vandalism, etc. so they often do not insure them.  I recommend reviewing your policy and discussing this with your agent to see what your best options are.   NOTE: This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed. ... Read More

Your mom would have a claim IF there was some allegation of negligence or fault.  Something would have had to have caused her fall, other than just unfamiliarity.  We can potentially help if the facts make this an issue with your house, stair rail, etc.  We handle cases like this in Georgia. We invite you to review our verdicts, our accolades and awards, and what clients have to say about us and give us a call for a free consultation where our lawyers will sit down with you personally.  John represents clients in Florida, Georgia and Alabama with passion and compassion and is a Board Certified Civil Trial Lawyer, which means the Florida Bar allows him to be called an expert.  Only a small percentage of lawyers are able to be called an expert in this area.  Give us a call at 904-444-4444 or email John at jmp@knowthelawyer.com.... Read More

If its a third party claim (i.e. the at fault party) you can refuse to settle and simply pursue a legal action against the at fault driver for the damages. Problem is this is often counter productive cost wise which give a LOT of leverage to the at fault insurer to squeeze you on such settlement. If you have any questions or concerns, please call our office at 1-800-922-6442 for a FREE consultation.... Read More

I'm sorry to hear about this.  You should check your state laws to see if your state allows any type of stacking wherein you could potentially get more money if you have other auto policies.   A local plaintiffs attorney should be able to tell you if your state allows anything like that.  In Mississippi, we can stack other UM policies to get more coverage.  You could see if the parents have any assets, but like you said, it is likely the teen has no assets.    It would be a hard fight but could be worth it.  Best of luck.  NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response. ... Read More

You should ask your insurance company to provide you with a copy of your insurance policy and ask them to specifically point out which clause they are relying on for denial.  It could be that your brother is listed as an excluded driver or maybe your policy only provides coverage for you.   Most policies, however, cover other drivers as long as they had express or implied permission to drive your car.   Get the specifics from the insurance company and if you disagree, consult a local attorney.   Best of luck!  NOTE: This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response.... Read More

Could, but good luck with him remembering any details. You made a poor choice dealing with someone to avoid an insurance claim and paying in cash with no documentation. While you can tell your insurance carrier of the deal and yourpayment, they may still pay out and hold you responsible since you have no real evidence of the payment.... Read More

Due process is a legal term which does not necessarily apply to private payments between an insurance company and an insured.  The type of process which is required is generally found in the policy or, if it is an employer sponsored policy, then in the plan.  Most disability companies require periodic medical updates.  Often, after a year or two of payments, the definition of disabilty changes such that if you can do any work after two years, you are no longer disabled.  Also, plans may reduce payments by amounts received under social security disability. We have seen cases where the insurance company stops payment on disability claims to recoup offsets from social security.  If this is a workplace disability policy, there are some safeguards and ERISA will apply.  ... Read More