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Archive for the ‘Insurance Law’ Category

To keep this simple I basically have a perminent address that I live at on weekends and the odd week here and there.  But during the week I stay at my brothers place as it is much closer to work.  I was getting an insured quote today and told them my permanent address, and then told them my commute to work as being the distance from my brothers house to work and not my house to work.

Should I change my address to my brothers place although I don’t pay rent nor am I on the mortgage?

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I have a daughter who will be 16 in July.  She has her drivers permit. All of her friends parents do not have to pay auto insurance on them until they get their licenses, but my insurance went from $700.00 every 6 months to $1900.00 for 6 months.  What is the law in California?

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Four days ago we had a storm with very high winds.  One of my neighbor’s trampoline was picked up by the winds and destroyed part of my fence.  She requested the trampoline stay in place until she contacted her insurance company.  Last night, another storm came through, again with high winds.  The trampoline was picked up by winds again and then hit another area of my fencing.  Is this considered an “Act of God” and whose insurance should be held liable?

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After having my car washed it failed to start. Apparently the control box got wet during the wash and needed to be dried out as well as drying out the plugs where I flooded the engine with gas after so many times trying to start it.  The cost for this service was $200 per my mechanic.  However my $200-issue turned into $1300 when the towing company showed up with a flat-bed truck to get me to my mechanic.  While half way up the flat bend and with me in the car since the tow-guy did not want to steer it out of my drive way, my rear bumper came off.  The tow-guy used the device that comes with the vehicle that screws directly into the rear bumper.  He attached the cable to loop-hook but the bumper separated from the shocks to the vehicle frame.  The tow-company said that they were not at fault.  Who is responsible for my $1100 to get my bumper put back on?

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QUESTION: Hi Richard,

My dearest best friend of 30 years was recently killed in a car accident. As
beneficiary, I was denied accidental death benefits from her insurance co.,
because her BAC was .117. The police report states the cause of the
accident was snow and icy road conditions. Could this be a valid appeal to
the claim? Thank you for your time.

ANSWER: Hi Cynthia, I am not sure what you mean by BAC.  Do you mean the blood alcohol level?  Is this a no-fault death benefit that you are putting a claim in for due to an automobile accident?  Let me know.

———- FOLLOW-UP ———-

QUESTION: Sorry, yes, I mean blood alcohol level. This was a life insurance policy she had
through her job. The life insurance claim was paid, but she also had accidental
death coverage. That is the claim that was denied. It was an auto accident. She
was alone and also the driver of the vehicle. I don’t know if it is a ‘no-fault’ -
probably not, since they denied the claim.

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If my insurance company hires a third party to assess the damage to my home caused by flood and that third party gives an estimate to my insurance company for an amount greater than my contractor is charging me to do the work, do I have to give the overestimated amount back to my insurance compnay?

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Hello,
My wife was in a car accident and it was determined (witnesses etc.) that it was the fault of the other driver.  The responding officer gave my wife the court date for the other driver and said something to the effect that if my wife didn’t show up to press charges none would be filed.  What I’m wondering is what is involved at traffic court and what is my wife’s responsibility/benefit to press charges?

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I was involved in a auto accident in Nov. 2006 where the traffic on the freeway came to a stop. A SUV driver insured by Mercury Ins. rear ended my new Lexus G300 at about 60 mph per the CHP.  My vehicle was totaled, I was able to stagger away (and lucky) but was unable to perform my normal commissioned sales job for over 4 to 5 months during rehab and back pain. My normal commissions are $20K per year, plus salary.  My salary was not effected due to a sympathetic employer, but only earned $10K in commissions in the year 2007 after the accident.  My injures were covered by my own HMO other than a total of $300 in copays.  I have documented my daily issues over those 4 months of rehab.  I have two previous years, 2005/6 of pay statements showing the $20K commissions, and a letter from the President of my employer stating in his opinion the accident was the reason for my lower commissioned income.  Submitted all docs to Mercury Ins. and the result is a settlement offer at $2K.  Should I try to take Mercury or/and the driver to small claims for $7500.00, the max in CA?  Should I accept the $2K and continue feel lucky?  Although my lower back is tweaked for the rest of my life! Thanks, Craig

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Hello,
My car was parked on a street (Brooklyn, NY) and during a storm a branch of a tree fell on my car. The back window is totally crashed, i have a whole in the front window and the roof is a little bent. Police came, investigated and said they’ll write a report.
Questions:
1) is the city responsible for paying for the repairs?
2) if yes, who needs to estimate the cost of the repair?
3) if the city is responsible, what should be my next actions after i get the police report?

P.S. I do have auto insurance.

Thank you.

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QUESTION: how do i go about finding out who pays for repairs to my car when the rental car driver was responsible rear ending me  is the company liable

ANSWER: Hi Louise-
I’m not an attorney, and this could vary by state.  Generally, it is not the rental car company that is liable.  It is the insurance policy of the person who rented the car that would respond.  Some states do though consider the rental car company the insurer of last resort.  This does vary by state though.  You would need to contact the rental car company, or go off the police report to get the identity of the person who rearended you.  Sorry I can’t be of more help.  :) Denise

———- FOLLOW-UP ———-

QUESTION: what if the driver does  not have insurance and the rental company rented to them. who is responsible

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