News & Analysis as of

The Problem with Service by Publication

It was a simple accident. He was simply unable to stop in time in heavy, rush-hour traffic and rear-ended the vehicle in front of him. After the accident was investigated and insurance information exchanged, he assumed the...more

Can You Protect Yourself from California's Outdated Financial Responsibility Law?

Los Angeles Uninsured Motorist Attorney, Barry P. Goldberg, represents insured accident victims on a regular basis. Many of these insured clients honestly believe that they have "full coverage" and are adequately protected if...more

One More Thing to Worry About with Teen Drivers

The new teen drivers are out in force for the summer season, giving their parents a lot to be anxious about. Among the countless fears parents have every time their teen takes the wheel should be their own liability....more

Williams v. Pintar; Jevco Insurance Company, Third Party, 2014 ONSC 1606

The traditional view has been that a motor vehicle accident victim had no right to claim directly against the at-fault motorist insurer until Judgment was obtained. Section 258(1) of the Insurance Act permits a non-party to...more

What Do I Do After a Hit and Run?

As you may have experienced firsthand, hit and run accidents are all too common in the San Fernando Valley. What do you do if you or a loved one suffers a personal injury or property damage in a hit and run? Is there any...more

What to Do if You Are Involved in a Hit-and-Run Accident

A driver may flee a motor vehicle accident for a variety of reasons. She or he may have an outstanding arrest warrant, have a suspended driver’s license, have no insurance or be impaired by drugs or alcohol. Leaving the scene...more

Driverless Cars For Consumers Are A Fast Approaching Reality, But Who Is Liable When Accidents Happen?

Google had lead the push to develop driverless cars and has made great strides in making them a reality on our streets. As driverless cars are already on the roads of many cities across Florida it has become clear the...more

Some Injuries Do Not Show Up Immediately After an Accident

Car accidents happen all too often in Southern California. If you were a driver or a passenger in a motor vehicle accident, you should report the incident to your insurance company as soon as possible (and read these tips on...more

Most Auto Accidents Are Excluded From Homeowners Coverage

In serious personal injury cases it is imperative to locate every possible source of insurance coverage. Often injury victims look to the at fault party's homeowners insurance even though the injuries arose from an automobile...more

Court Escalates a $4 million Covenant Judgment to a $20 million Bad Faith Judgment

Last week, the Washington Court of Appeals held that “in an insurance bad faith case, the amount of a reasonable covenant judgment sets a floor, not a ceiling, on the damages the jury may award.” Miller v. Safeco Ins. Co.,...more

Separated from Spouse, Separated from Coverage: Illinois Court Finds Phrase “Resides Primarily” in Spouse Definition Unambiguous...

In Gaudina v. State Farm Mutual Auto. Ins. Co., 2014 Il. App. (1st) 131264 (March 28, 2014), an Illinois appellate court found that State Farm properly denied coverage to a motorist seeking coverage under his estranged wife’s...more

Florida Court Permits Bad Faith Claim by a Michigan Citizen Against a Michigan Insurer

In Betzdolt v. Auto Club Group Insurance Company, a Michigan resident was allowed to proceed with a bad faith claim against her insurer in Florida, even though the insurer did not sell policies in Florida, did not deliver...more

Understanding Supplemental Spousal Liability Insurance in NY [Video]

Can I Sue If My Spouse Was a Negligent Driver? Distracted driving is emerging as one of the greatest dangers on the road today. People who text, check their cellphones, apply makeup, or even adjust the radio are...more

Can I Sue If My Spouse Was a Negligent Driver? Understanding Supplemental Spousal Liability Insurance in NY

Distracted driving is emerging as one of the greatest dangers on the road today. People who text, check their cellphones, apply makeup, or even adjust the radio are endangering themselves, their passengers, and other...more

Parking Lot Accidents - Who's At Fault?!

We've all been there... Pulling (cautiously and carefully) out of a crowded parking when BAM! that car pops out of nowehere and into your back bumper. If you looked both ways down the row of parked cars before backing out,...more

Florida Court Of Appeals: Insured Who Settled Claim For UM Benefits Still Allowed To Add Bad Faith Claim Against Insurer In The...

Safeco Ins. Co. of Illinois v. Rader, No. 1D13-2659, 2014 WL 660204 (Fla. Dist. Ct. App. Feb. 21, 2014). After entry of partial summary judgment on UM claim, insured successfully moved to amend his complaint to add a...more

Getting Compensation When Injured by an Uninsured Driver

In a tough economy, uninsured and underinsured drivers are more common than ever. While the risk of driving uninsured is well-publicized, the real risk lies with those who are injured by drivers who carry minimum coverage or...more

Ontario Government’s Bill 171 Threatens Access to Justice for Personal Injury Plaintiffs

In March of this year, the Ontario Minister of Finance Charles Sousa introduced Bill 171: Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014. The Bill proposes concerning changes to the process that an injured...more

Does an Auto Accident Claim Cover Accidents Caused by Vehicle Malfunctions?

When a car malfunctions because of negligent maintenance practices on the part of the owner — such as holding off on the replacement of brakes that are clearly starting to fail — and causes an accident, victims can hold the...more

Tennessee Court of Appeals Interprets Exclusionary Clause in Automobile Casualty Insurance Policy

Recently, the Tennessee Court of Appeals issued an opinion involving the interpretation of an exclusionary clause in an automobile casualty insurance company. In the case of Weed v. First Acceptance Insurance Company of...more

“Minor Impact” Myths

A popular defense tactic when someone is injured in an accident with minimal property damage is to argue that there is no way such a “minor impact” could cause the injuries. In many cases now, insurance companies are hiring...more

Why Do I Need A Lawyer If I Have No-Fault Insurance?

In theory, no-fault auto insurance lowers premium costs by reducing the number of claims insurers have to defend in court. Rather than force injured people and their insurance companies to determine liability before...more

Auto Insurance Claims Process Pitfalls

When you pay car insurance premiums, you expect the company to be there for you after an accident. Unfortunately, your insurer may try to minimize your compensation or even deny your claim altogether. Knowing more about the...more

How Insurance Coverage Can Impact Your Recovery

No matter how clear the other party’s fault, your recovery as the victim of an auto accident injury is often functionally limited by the ability of the at-fault party or parties to pay compensation for your damages....more

Florida No-Fault Examination Under Oath Requirement – One of These Policies Is Not Like the Other

Due to changes effective January 1, 2013, the Florida Motor Vehicle No-Fault Law now codified the insured’s obligation to submit to an examination under oath (EUO). The newly amended statutory language explicitly states...more

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