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  • Criminal Law
  • Bankruptcy
  • Personal Injury
  • Injured at Work
  • Auto Accident
  • Business & Corporate Law
  • Family Law
  • Civil & Commercial Litigation
  • Estate Planning

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Here are some general Questions and An swears ::

Q. I don't have auto insurance but the accident was not my fault, can I get my car fixed ?

A. Yes Proposition 213 requires every driver to have auto Insurance Liability coverage, however, you may recover your property damage and medical bills.

Q. The police report finds me at fault. Is the police report a final conclusion ?

A. No. although police officers make determination according to their findings after the accident, often police officers do not have personal knowledge of the accident, therefore, their report is not conclusive and it may not be admissible in court.

Q. My insurance company wants to represent me in my accident without hiring an attorney, is this my best option ?

A. No. often this is not best option and it may also be counter productive. Unlike lawyers, Insurance companies want to do what is best for them. A lawyer will explain your rights to you and help you make the best decisions.

Types of Insurance  The insurance related to accidents and the resulting injuries would be casualty insurance, such as life and health insurance, and liability insurance.  If you have been injured, your casualty insurance company, if any, should be obligated to reimburse and compensate you for your covered losses.  And if your injury was caused by someone else, usually that other person's liability insurance company should compensate you for any harm not covered by your own casualty insurance company.  However, you may have to sue and have a court determine whether the other person was actually at fault for your injury.  Automobile insurance often works this way if there is a question of fault in an accident.  The law in this area is controlled largely by your state.

Insurance Bad Faith  Your insurance company has two kinds of obligations toward you.  First, the company has a contractual obligation to pay benefits according to your policy (for instance, your homeowner policy may specify that the company will reimburse you for the cost of repairing the roof on your house after it has been damaged by a falling tree limb).  Second, the company has a legal obligation to act without bad faith in handling your claims under the policy.  You may be able to sue the company for damages if the company acts in bad faith.

There are many things that an insurance company can do that may be considered bad faith, such as failing to investigate a claim quickly and thoroughly, unreasonably delaying payment on a claim, and refusing to fully reimburse you for a loss.  You can have a bad faith claim for just about any type of insurance.  It is important that you follow all claims procedures in your insurance contract.  If you fail to do so, the insurer may have a legal defense against a bad-faith claim.  Additionally, there are other defenses that the insurance company can use.  You should review these carefully with your attorney before taking any action against your insurer.
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