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4 Answers | Asked in Car Accidents, Bankruptcy, Civil Litigation, Insurance Defense and Personal Injury for California on
Q: Am I protected by bankruptcy discharge from pre-bankruptcy lawsuit?

In June 2023, I was in an auto accident and was found not at fault by my insurance company, although I did receive a citation which was resolved as non-fault with evidence in trial by the judge. I filed a no-asset Chapter 7 bankruptcy in July 2024 and received a discharge on January 8, 2025. On... View More

Robert P. Taylor
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answered on Jun 28, 2025

You should be protected by your bankruptcy discharge as long as you aren't being sued for an injury caused by drunk driving. That said, the other party can still sue you to the extent that you have insurance. You are not personally liable but they can sue you and get a judgment which the... View More

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4 Answers | Asked in Car Accidents, Bankruptcy, Civil Litigation, Insurance Defense and Personal Injury for California on
Q: Am I protected by bankruptcy discharge from pre-bankruptcy lawsuit?

In June 2023, I was in an auto accident and was found not at fault by my insurance company, although I did receive a citation which was resolved as non-fault with evidence in trial by the judge. I filed a no-asset Chapter 7 bankruptcy in July 2024 and received a discharge on January 8, 2025. On... View More

William John Light
William John Light
answered on Jun 28, 2025

No, you are not. The other party has the right to petition the bankruptcy court for relief from the bankruptcy stay to proceed against your insurance policy. You are interfering with your insurance company’s right to adjust the claim. Stay out of it, other than to cooperate with your insurance... View More

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2 Answers | Asked in Workers' Compensation, Personal Injury and Insurance Defense for California on
Q: Should I hire a workers' comp lawyer for delayed disability and denied therapy after a slip injury?

I previously had an injury involving my neck, right chest, and back, which was settled and improved. Recently, I suffered another injury related to the prior one, and my temporary disability payments were delayed for almost two months. While working under modified duty at my job, I slipped in a... View More

Ronald Mahurin
Ronald Mahurin
answered on Jun 26, 2025

If you are receiving TTD payments for the new injury, that means the carrier has accepted this as a new injury. Whether it relates to the first injury is a medical question and I think it is to your advantage to have representation given the complexities involved. However, you probably know a lot... View More

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2 Answers | Asked in Estate Planning, Business Law and Insurance Defense for Massachusetts on
Q: Will using my maiden name affect collecting life insurance or stocks?

I've kept all of my beneficiary forms under my maiden name, which has not been changed to my married name. This includes my husband's life insurance and Fidelity stock accounts. I dropped my middle name, made it my maiden name, and took his last name. Although I possess my marriage... View More

Tim Akpinar
Tim Akpinar
answered on Jun 25, 2025

A Massachusetts attorney could advise best, but your question remains open for two weeks. It could depend on the carrier. I've seen carriers require re-completion of forms due to variations between legal birth names and regularly used names. There's no guaranteed prediction in how a... View More

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3 Answers | Asked in Insurance Bad Faith, Insurance Defense, Criminal Law and Personal Injury for Texas on
Q: Liability of insurance company for intentional and malicious truck ramming.

I want to know how liable the insurance company is when an incident is not an accident but was done with intent and malice. My ex-wife rammed my truck with her dad's truck. There were no witnesses, but a police report was filed with it documented as a criminal act, not accidental. I have also... View More

John Michael Frick
John Michael Frick
answered on Jun 25, 2025

Under a typical automobile liability insurance policy, the insurance company has a valid defense to a claim for coverage if the act of the policyholder was an "intentional act." So it is likely your ex-wife's insurance policy would not provide coverage for her intentionally ramming... View More

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3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Georgia on
Q: Do I need to provide insurance info after a no-damage accident?

I was involved in a minor car accident with no damage to either vehicle, and we just exchanged phone numbers, agreeing to contact each other if we noticed any damage. Initially, the other driver said she was fine, but now she is texting me, claiming her back might hurt and asking for my insurance... View More

Tim Akpinar
Tim Akpinar
answered on Jun 23, 2025

A Georgia attorney could advise best, but your question remains open for a week, and you need to make a decision and take action. I'm sorry about your accident. In most places, exchange of basic identification and insurance information is required and standard procedure for matters involving... View More

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2 Answers | Asked in Lemon Law, Consumer Law, Insurance Defense and Real Estate Law for Texas on
Q: How can I resolve a stolen title issue to release insurance funds for a total loss in Texas?

I live in Texas and purchased a car with a Missouri title. Soon after I got it running, I was involved in an accident, and the car was deemed a total loss. Unfortunately, I've not been able to transfer the title to my name because it was stolen, and the current titleholder is in prison and... View More

John Michael Frick
John Michael Frick
answered on Jun 20, 2025

If the vehicle was stolen when it was "sold" to you, you probably cannot get a bonded title or get the insurance company to release the funds to you. Your remedy for unknowingly buying a stolen vehicle is to sue the individual or company that sold you the vehicle.

Be...
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1 Answer | Asked in Consumer Law, Insurance Defense and Civil Litigation for Florida on
Q: Gap insurance claim denied, credit union lawsuit after total loss

I experienced a total loss of my vehicle, but my gap insurance is refusing to pay the claim because I filed it a year later. I initially thought the dealership would handle it automatically with the credit union that financed my car, as they didn't instruct me about the process. Now, the... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 19, 2025

The gap insurance carrier is a completely separate company from the dealership, and the dealership is not your agent. The way to address the situation is to bite the bullet and contact the law firm that filed the lawsuit (or the credit union directly if the credit union filed the lawsuit on its... View More

2 Answers | Asked in Traffic Tickets and Insurance Defense for New Jersey on
Q: How to handle reckless driving and speeding ticket in NJ?

I received a reckless driving and speeding ticket for allegedly driving 99 in a 55 mph zone in Woodbridge, NJ. I only have prior parking tickets and they used radar to measure my speed on dry roads. I've completed a defensive driving course. My concern is avoiding points on my license and... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 18, 2025

I would not be so worried about the points on a speeding and reckless driving ticket. The reason why the ticket is marked mandatory court appearance is because you facing the suspension of your license and even up to 60 days in jail for going so fast. Jail is not that likely but loss of license... View More

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2 Answers | Asked in Business Formation, Real Estate Law, Tax Law, Insurance Defense and Business Law for Florida on
Q: How to transfer condo from LLC to personal ownership in Florida?

I am the sole member of an LLC that owns a condo in Miami Beach, FL. I want to transfer the property from the LLC to my name. The condo has no liens or mortgages. I've faced difficulties in obtaining condo insurance under the LLC and cannot take advantage of real estate tax discounts. The... View More

Erik A. Perez
Erik A. Perez
answered on Jun 17, 2025

Generally, there are 2 steps that would need to be completed from a procedural stand point for the transfer. #1 Review the COAs governing documents to identify what requirements are needed for transfer. Usually, you will need COA approval to transfer ownership interest. So make sure to comply with... View More

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4 Answers | Asked in Consumer Law, Insurance Bad Faith, Insurance Defense and Personal Injury for California on
Q: Can I sue my auto insurance for lowballing my total loss claim?

I believe my auto insurance company is lowballing me on my total loss claim after my vehicle was declared a total loss. They are offering me $3,000, but my vehicle's value was higher before the accident. I tried to negotiate a higher settlement, but my request was rejected. I haven't... View More

William John Light
William John Light
answered on Jun 13, 2025

You can sue, but you need proof to win. Without an appraisal by a certified appraiser, your opinion of a lowball offer means nothing. If you get an appraisal, and the insurer pays it, you don't really have a case.

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Q: Liability for actors in transit accidents and potential employee status challenge in PA.

As a non-profit children's theatre in Pennsylvania, we send actors into schools and libraries for performances under a contract stating they are independent contractors. Each actor drives their own car, and one usually carries props and costumes. We hold a $2,000,000 general liability policy.... View More

Matthew Rosenberg
Matthew Rosenberg
answered on Jun 16, 2025

In Pennsylvania, a nonprofit is generally not liable for an auto accident caused by an independent contractor who is driving a personally owned vehicle to or from a job. If, however, a court finds that the theatre exercises enough control over routes, schedules, or use of vehicles that the actors... View More

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Q: Liability for actors in transit accidents and potential employee status challenge in PA.

As a non-profit children's theatre in Pennsylvania, we send actors into schools and libraries for performances under a contract stating they are independent contractors. Each actor drives their own car, and one usually carries props and costumes. We hold a $2,000,000 general liability policy.... View More

Nathaniel Byron Smith
Nathaniel Byron Smith
answered on Jun 11, 2025

Liability is a factual question and the real details of your relationship with the actors needs to be analyzed. However, you have substantially protected your charity with the significant insurance coverage that you have purchased. If the actors are truly independant contractors, then you are... View More

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Q: State Farm insurance coverage discrepancy after car accident

I have State Farm insurance and bought my car five years ago. I was supposed to have full coverage, both for myself and for my financial bank, but I only have liability coverage. I was unaware of this until after an accident occurred. I need assistance on how to address this issue and what steps to... View More

Robert Shipley
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Robert Shipley
answered on Jun 10, 2025

The question does not describe when the policy which covered the vehicle on the date of accident was issued. Illinois law requires a policy holder to read/review the policy when it is issued to verify they have the insurance coverage they requested and if unsure, to contact their agent/broker to... View More

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2 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Texas on
Q: Does Lyft's uninsured motorist insurance cover me as a passenger in a Texas accident?

I was involved in a Lyft accident last year in Texas, where the vehicle I was in was rear-ended by an uninsured motorist at excessive speeds. Both the Lyft driver and I were hospitalized, and I sustained significant injuries requiring cervical fusion, concussion treatment, and nerve surgery. Since... View More

Emery Brett Ledger
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answered on Jun 9, 2025

Yes, Lyft’s uninsured motorist (UM) coverage can apply to you as a passenger in Texas under certain conditions—but it’s not always as straightforward as it should be.

Texas law allows passengers injured in a rideshare accident to make a claim under the rideshare company’s UM policy...
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3 Answers | Asked in Car Accidents, Insurance Defense, Real Estate Law and Personal Injury for Oregon on
Q: Is it legal for a California resident to borrow and drive my Washington-registered car?

I have a car registered and insured in Washington, and a family member living in California wants to borrow it. They plan to use the car for commuting to work for a year, as they do not have a car of their own. Is it legal for my family member to drive my Washington-registered car in California?... View More

Brad  Holbrook
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answered on Jun 8, 2025

There are two key considerations in this situation:

- Does failing to register the vehicle within the required timeframe in California violate the state's registration rules?

- How does this impact your contractual obligations with your insurance company?

You should...
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2 Answers | Asked in Car Accidents, Consumer Law, Insurance Defense and Personal Injury for California on
Q: Insurance undervaluation of vehicle post-auto accident.

In an auto accident case, the insurance company underpriced my 2006 Chevy Silverado 2500HD LT3 Duramax crew cab by using incorrect comparable vehicles in their valuation, listing characteristics that don’t match mine, like a gas engine and smaller bed size, resulting in a value of $17,000. I... View More

Theodore Allan Greene
Theodore Allan Greene
answered on Jun 8, 2025

Sometimes you need to provide them with evidence that their valuation is not correct. Send them all the reasons you disagree with them including a Kelly Blue Book screenshot along with some local classified ads and ask them to reconsider. The few times I have done that it was successful. You also... View More

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2 Answers | Asked in Car Accidents, Consumer Law, Insurance Defense and Personal Injury for Missouri on
Q: Negotiating fair settlement for car accident damage

I was involved in an accident caused by another party, and their insurance company is offering a low settlement offer that doesn't cover all the damage to my car. I have collision coverage. How can I negotiate to receive a fair settlement amount?

Emery Brett Ledger
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answered on Jun 6, 2025

I'm not licensed in Missouri, so this isn't legal advice—it's general guidance. If you're looking to negotiate a fair settlement after a car accident and feel the offer from the at-fault party’s insurer is too low, here are a few practical steps:

Document Everything:...
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2 Answers | Asked in Consumer Law, Insurance Defense and Insurance Bad Faith for Texas on
Q: How can I ensure insurance covers accident if daughter excluded as driver?

My daughter, who doesn't live with me, was driving my car and rear-ended another vehicle. Although no ticket was issued, the police report found her at fault. She has a valid Texas driver's license under her mother's address. I have full coverage insurance on the car; however, my... View More

John Michael Frick
John Michael Frick
answered on Jun 5, 2025

You need to gather together your policy documents and communications with your insurance agent to verify that your daughter was not designated as an "excluded driver" at the time of the accident.

Then contact an attorney who practices in the area of insurance coverage litigation...
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2 Answers | Asked in Car Accidents, Civil Litigation, Insurance Defense and Personal Injury for Pennsylvania on
Q: Rear-ended Lyft, facing lawsuit post-insurance settlement. Need defense lawyer.

Two years ago, I rear-ended a Lyft vehicle while driving a loaner car. The passenger claimed an injury, and my insurance paid $25,000 to the passenger at the time. On May 20th, I was served with a lawsuit where the passenger is now suing me personally. I've contacted several lawyers, but they... View More

Tim Akpinar
Tim Akpinar
answered on Jun 4, 2025

A Pennsylvania attorney could advise best, but your question remains open for a week. You may need to continue searching for attorneys. But first, you could ask your insurance carrier to provide you with a copy of the release form from the settlement that took place around two years ago. I doubt... View More

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