FAQs

A: Kristin’s answer: This is an all too common scenario for policyholders who have been the victim of a car theft. Under your insurance policy, you have a duty to cooperate with your insurance company. This means you need to give them what they are asking for, such as sign the consent form, sit for an examination under oath, give them your cell phone and bank records, etc. If you do not do these things, your insurance company can deny your claim for failure to cooperate.

If your insurance company denies your claim, then you may have an insurance bad faith case against them. An insurance bad faith case is when your insurance company UNREASONABLY denies a claim.

You insurance company should not be treating your claim like an adversarial process, but all too often they do and it makes your life hard. As much as you don’t want to because they are being rude, you have to still cooperate. Keep reminding yourself that the worse they are to you now, the stronger your bad faith case could be if they do end up denying the claim. Be courteous and polite when talking to them and their unreasonableness will look all the more abhorrent if you later bring a bad faith case.

Good luck.

A: Kristin’s answer: Hopefully you took pictures of the cord she tripped on. If she hasn’t seen a doctor or been to the emergency room, she needs to go immediately and get checked out. The more time that has passed between the incident and the doctor visits, the harder it will be to have the casino pay out. Premise liability cases are tough to begin with so any problems in the damages portion makes the case even more difficult. Have your “girl” contact a personal injury attorney to talk about what happened.

A: Kristin’s answer: You can try but they will fight it in court. Make sure you are being compensated for taking on this risk. What I mean is, there is a risk in allowing them to come onto your property although it does not necessarily mean something bad will happen and/or you’ll get sued. But because this risk exists, in giving them the right to park there, make sure the amount of money they are paying you takes this risk into consideration. And, as attorney pointed out, increase your insurance limits to insulate yourself.

A: Kristin’s answer: If your brother does not have a personal injury attorney, have him contact one immediately. Most of us offer free consultations and take cases on a contingency so there is no need to wait. As for the eviction, your question doesn’t state what reason the landlord is giving for the eviction. If you have a lease agreement and are current with your rent payments, you should win your unlawful detainer action. Be sure to bring all proof of payment to the trial (cancelled checks, receipts, lease agreement, emails/voicemails/text messages, bank account statements showing the amounts withdrawn, etc.).

A: Kristin’s answer: It sounds like your own insurance is denying coverage because of a “business use” exception found in many policies. If you were found at fault for the accident and the other driver is pursuing a claim against you, you should tender your defense to your employer and their insurance company should handle that.

As for your own property damage, your employer should indemnify you for the damage to your car. Labor Code 2802(c) authorizes attorneys fees if you incur them enforcing your right to indemnification against your employer.

A: Kristin’s answer: Your mother should hire an attorney to pursue a claim against the homeowners. In California, when a dog bites someone, they are responsible for the injuries. Have your mom take plenty of pictures of the wounds and keep taking pictures as they are healing.

Most of us injury attorneys take cases on a contingency and offer free consultations so there is no need to wait.

A: Kristin’s answer: You definitely should be seeking an attorney. It sounds like he is disputing liability, which means you should NOT talk to his insurance company or attorney because they will be using any statement against you.

In the meantime, seek medical treatment NOW. If the accident was serious enough to cut your head, you should be checked out. Oftentimes neck and back pain that does not seem bad at first, will become persistent and nagging. If there is a large gap in treatment from the date of the collision, the insurance company will not want to pay you for your medical bills.

Any of us personal injury attorneys would be more than happy to speak with you and we are usually offer free consultations.