Car Accident Auto Insurance

News & Analysis as of

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

Defence & Indemnity - February 2016: Insurance Issues: Portage LaPrairie Mutual Insurance Company v. Sabean, 2015 NSCA 53, per...

Future CPP benefits fall under the definition of “any policy of insurance” and are therefore deductible from amounts payable by SEF 44 insurers - Portage LaPrairie Mutual Insurance Company v. Sabean, 2015 NSCA 53, per...more

California Court Holds No Coverage for Individual’s Use of a Non-Owned Auto

In Nationwide Mutual Insurance Company v. Shimon, 2015 Cal. App. LEXIS 1124 (opinion filed December 3, 2015; status changed from Unpublished to Published December 17, 2015), the California Court of Appeal for the Third...more

Court Holds That “Regular Use” Provision is Not Affected by Purpose of Trip for Car Used Exclusively by Family Member

In Nationwide Mutual Ins. v. Shimon (No. C071776, filed 12/3/15, ord. pub. 12/17/15) (hereinafter “Shimon”), a California appeals court affirmed judgment in favor of an auto insurer on a finding that coverage did not apply to...more

Medical Payments Coverage Can be Excluded if Your Car is neither “Owned” nor “Non-Owned” Under the Policy!

Woodland Hills Personal Injury Lawyer has an in insurance coverage expertise and sometimes has to explain the seemingly “unexplainable” to accident victims and insurance policyholders. Medical Payments coverage is a great...more

Merry Christmas! Insurers are increasingly using the “Drop Check” to settle your case for less.

Woodland Hills Personal injury attorney Barry P. Goldberg has seen insurer trends over the past three decades of representing injury victims. Early in his days of practice, insurers often utilized the “Drop Check” to attempt...more

Common Mistakes to Avoid After a Car Accident

The moments directly following a car accident are sure to be filled with stress. Even a minor accident can be enough to leave drivers out of sorts and in a vulnerable position where it is all too easy to make poor decisions....more

Police and Adjuster Statements – Admissible or Not?

The Alberta Court of Appeal in the recent case of R. v. Porter, 2015 ABCA 279, has concluded that neither a statement made to the police pursuant to the Traffic Safety Act section 71, nor a statement provided to an insurance...more

When is a Vehicle Not a “Vehicle”?

Two police officers were riding in a police car that was struck by an intoxicated underinsured driver. The officer in the passenger seat suffered serious injuries that were inadequately compensated by the tortfeasor’s...more

Connecticut Supreme Court Delivers $35 Million Body Blow to Body Shops

Auto insurers control the cost of collision repairs through the use of direct repair programs. The programs feature networks of auto body repair shops that enter into contracts agreeing to discount labor rates and other...more

“Physical Contact” is required in order to make an Uninsured Motorist Claim!

Los Angeles Uninsured and Underinsured Motorist attorney Barry P. Goldberg is regularly confronted with issues which implicate the use of Uninsured/Underinsured Motorist Coverage. It is very common that an unidentified “hit...more

Is Florida a “No-Fault” State? — Why am I being sued after causing an accident?

Many Floridians who have caused automobile accidents and had personal injury claims brought against them have wondered why those claims were even allowed to be brought since Florida is considered to be a “No-Fault” state. ...more

Eastern District of Pennsylvania: Insureds’ Negligence And Unfair Trade Practices Claims Against Adjusters Are Colorable Under...

Kennedy v. Allstate, No. 15-2221 (E.D. Pa. July 8, 2015). District Court recognizes possibility that insurance adjusters owe a duty of care to insureds that would be breached by failing to conduct a reasonable...more

Eleventh Circuit Finds No Bad Faith in Multiple-Claimant Claims-Handing Situation

In a new decision, Mesa v. Clarendon National Ins. Co., 2015 WL 5059496, 2015 U.S. App. LEXIS 15203 (11th Cir., Aug. 28, 2015), the Court of Appeals found that the insurer’s claims-handling of multiple claimants did not rise...more

Insurance Recovery Law - August 2015

Insured's Notice to Broker Satisfied Policy Requirements, Illinois Court Rules - Why it matters: An insured's notice to its broker satisfied the policy's notice requirements, an Illinois appellate panel recently...more

Third Circuit Court of Appeals Predicts That Pennsylvania Supreme Court Would Prevent an Insured from Recovering Punitive Damages...

Wolfe v. Allstate Prop. & Cas. Ins. Co., No. 12-4450, 2015 WL 3634779 (3d Cir. June 12, 2015). The Third Circuit Court of Appeals holds that evidence of punitive damages award against insured in underlying suit was not...more

Eighth Circuit: No Bad Faith Where Insured Failed to Make a Sufficient Demand and Insurer Refused to Entertain Settlement Offer...

Purscell v. Tico Ins. Co., No. 13-2362, 2015 WL 3855253 (8th Cir. June 22, 2015). Court holds it was not bad faith for insurer to pursue investigation into underlying lawsuit before considering settlement...more

Is My Car a Total Loss? Do I Have a Choice in the Decision?

Woodland Hills Personal injury lawyer Barry P. Goldberg encounters this “total loss” dance in every car accident case where there is significant property damage. In most cases, the client wants the car “totaled” so he or she...more

Is an Underinsured Motorist Policy Subject to the Automatic Bankruptcy Stay?

Imagine: an employee is injured in a car accident with another driver who is at fault. The employee settles with the at-fault driver for the limits of her liability policy. The employee, whose injuries exceed the at-fault...more

Illinois Supreme Court Addresses Duty of Care Owed by Insurance Agents

On March 19, 2015, in its decision in Skaperdas v. Country Cas. Ins. Co., 2015 IL 117021 (Ill. Mar. 19, 2015), the Illinois Supreme Court affirmed an appellate court decision holding that Section 2-2201 of the Illinois Code...more

Court Rejects Attenuated Argument of Automobile Insurer Liability

Just how attenuated is too attenuated for a driver’s conduct outside the vehicle to be covered by the auto policy covering the vehicle? In Hough v. McKiernan, the Supreme Court of Rhode Island drew the line at about...more

If you ask for “Full Coverage” Your Insurer has no Duty to provide it! Get an Independent Agent to Advise You!

Woodland Hills personal injury lawyer Barry P. Goldberg cringes when interviewing a client and hearing the response “I have Full Coverage.” While it certainly beats “I have no coverage” or “I have minimum coverage”, it...more

Do I Have to Report My Car Accident?

If you find yourself involved in a fender-bender while you are driving in Woodland Hills, you may wonder if you need to tell the Department of Motor Vehicles or your insurance company. The law in California is clear: if you...more

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