Auto Insurance Car Accident

News & Analysis as of

When a Policy Limits Offer is Not Enough: A Cautionary Tale of a Failure to Settle Case

In a recent unpublished decision, the California Court of Appeals upheld a $3 million judgment against an auto liability insurer that rejected proposed language in a settlement agreement, notwithstanding the insurer’s policy...more

Alberta Government Updating 2004 Auto Insurance Reforms

The Alberta government has announced that it is in the process of updating the regulations involved in the 2004 auto insurance reform, namely the Minor Injury Regulation, Alta Reg 123/2004; the Diagnostic and Treatment...more

Florida DCAs Weigh in on Allstate Case; PIP Litigation Now Headed to Supreme Court

The Florida Supreme Court soon will hear arguments in the case of Florida Wellness & Rehabilitation vs. Allstate Fire & Casualty Insurance Co., which pits medical providers against the automobile insurer on the issue of fees...more

Does an Award of “Restitution” Affect my Personal Injury Settlement?

Woodland Hills personal injury lawyer Barry P. Goldberg handles more than his fair share of drunk driving accidents and other “crime-related” losses. In these circumstances, it is not uncommon for there to be a criminal...more

No Health Insurers Need Apply: Health Plan Can’t Recover Medical Costs From NY No-Fault Insurer

Under no-fault laws, automobile policies typically must cover the cost of certain medical services provided to policyholders who have been injured in covered accidents. New York’s insurance laws also permit those costs to be...more

Auto Insurance Company Claims | Accident Injury Attorney

As an experienced accident injury attorney I know that in their never-ending quest to maximize their profits, auto insurance companies experiment with various, at times questionable, tactics to deprive accident victims from...more

Autonomous Vehicles: A Case Study of Liability and Insurance

The crash of a vehicle operating in semi-autonomous or fully autonomous mode presents a headline-grabbing opportunity to question the technology and the pace at which it is being introduced. Every accident resulting in injury...more

Not Seeing Double: In Reversal, New York Court Holds That Third-Party Liability Payments May Not Offset UIM Benefits

In New York, uninsured/underinsured motorist coverage “does not function … to fully compensate … insureds for their injuries.” Weiss v. Tri-State Consumer Ins. Co., 98 A.D.3d 1107, 951 N.Y.S.2d 191 (2d Dep’t 2012). UIM...more

Defence & Indemnity - June 2016: II. LIABILITY ISSUES #3

Both the legal/registered owner and lessor and the beneficial owner and lessor of a vehicle are vicariously liable for the lessee’s vehicular negligence but only to the liability cap for lessors. Graham (Litigation...more

What to Do after an Accident

Even though car accidents occur what seems like all the time, they can still be very overwhelming for those involved. In the aftermath, it may be difficult to determine what steps to take next; especially if there has been...more

An Injured Third Party’s Knowingly False Deposition Testimony Establishes the Materialty Component for Insurance Fraud

On May 13, 2006, Edward Feierstein was driving home from his Philadelphia fitness club when his car was rear-ended. Two days later, Feierstein filed a claim with the tortfeasor’s liability insurer seeking reimbursement for...more

Your Insurer Does Not Have to Pay Diminution of Value after a Collision

Woodland Hills car accident attorney Barry P. Goldberg is regularly contacted by upset insureds because their nearly new vehicle was in a serious accident and their insurer refuses to declare the vehicle a total loss. ...more

Step-Up, Insurer! Your Step-Down Provision Is Not Triggered

Where an automobile policy covers someone other than the named insured, a “step-down” provision may subject the amount of available coverage to the limit on “similar coverage” that is imposed by the injured person’s own...more

Main Reasons for License Suspension— No Insurance and Failing to Report Accidents to the DMV!

Woodland Hills car accident lawyer Barry P. Goldberg — a foremost advocate for Uninsured Motorist Coverage—is concerned for his clients and neighbors that over 4 million drivers in California have suspended licenses! That is...more

The Duty to Follow-up: How A $25,000 Offer To Settle Turns Into A $7 Million Loss

In many states, an insurer not only has a duty to timely communicate with its insured and respond to demands for settlement by a claimant asserting a claim regarding the adjustment of a loss, that duty may also include the...more

Don’t Settle for the Insurance Company’s Offer

If you’ve ever filed a claim with an insurance company after being injured in a car accident, you know firsthand how quick they are to deny and/or diminish your injuries. The insurance company’s objective is to offer you as...more

Non-Owner of Vehicle Gets in Accident: Who is Liable?

If a person loans his/her car to someone such as a relative, friend, or a designated driver, and the driver gets in an accident, the owner may be liable for any fatalities, injuries, or damages. A motorist who is not the...more

In An Accident? Don’t Be Caught Unaware | Auto Accident Attorney

As an auto accident attorney I have noticed that with the New Year, several auto insurance companies began recycling a tactic to deprive accident victims of the fair compensation to which they are entitled. This has been used...more

Insurers Gain Additional Dismissals in the Florida Auto Body Action

In early 2014, a group of Florida auto body shops sued the leading auto insurers in their state, alleging that the insurers had conspired to suppress the amounts the auto body shops received in reimbursement rates. The case,...more

Do You Have to Use the Insurance Company’s Preferred Body Shops?

If a vehicle is repairable after an auto accident, it will be necessary to take it to a body shop for a repair estimate. The insurance company that’s handling the accident claim may suggest their preferred body shops for...more

Sloppy Claims Handling Exposes Insurer to Bad Faith Claims

A Geico insured, with a $10,000/$20,000 liability policy, was involved in a three-car collision resulting in the death and serious injury of two occupants in one of the vehicles. The insured reported the accident to Geico the...more

Insurance and Liability: What You Need to Know if You Are Injured in an Automobile Accident

It's an unfortunate fact, but each year over 100,000 people are injured in automobile accidents in North Carolina, and statistics suggest that nearly every driver will be involved in at least one automobile accident during...more

Florida Supreme Court Holds that UM Insured is Entitled to Liability Determination and Full Extent of Damages Before Filing a Bad...

Petitioner Adrian Fridman (“Fridman”) was injured in an automobile accident involving an underinsured motorist. Fridman filed a claim with his uninsured/underinsured (UM) insurance carrier (Insurer) for the $50,000 limits of...more

You Should Know - March 2016

10 Tips for Reviewing Your Policy - Will Your Auto Insurance Be There When It Matters Most? Chances are one in 50 you will be involved in a car accident this year… or almost guaranteed during your lifetime. You...more

Defence & Indemnity - February 2016: “Dependent Relative” in an SEF 44 policy requires proof of financial dependence

Bilg v. Unifund Assurance Company, 2015 ABQB 779, per Pentelechuk, J. - I. FACTS AND ISSUES - The plaintiffs Gurchet Singh Bilg (“Gurchet”), Harkamal Singh Rasode (“Harkamal”) and Sukhsimrit Singh (“Suksimrit”) were...more

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