Legal Q&A

Insurance Law

Browse published legal information questions related to Insurance Law.

AZ - Arizona

Is it legal for the other driver’s insurer to deny my claim without explaining why?

In general, an insurance company should not simply leave you guessing after denying a claim. In Arizona, as in many states, a denial is usually expected to be communicated in a way that gives at least some notice of the...

FL - Florida

Is it legal for an insurer to send payment directly to the lienholder after totaling my car?

In general, yes. If your car is financed or leased, the lienholder usually has a legal interest in the vehicle and the insurance proceeds tied to it. After a total loss, an insurer often may send some or all of the payme...

AK - Alaska

What happens if the other driver’s insurance says my car had pre-existing damage?

If the other driver’s insurance says your car already had pre-existing damage, it usually means the insurer is questioning how much of the damage was caused by the crash. In a property damage claim, the insurer generally...

DE - Delaware

What happens if I was hit by an uninsured driver while driving a borrowed car?

If you were hit by an uninsured driver while driving a borrowed car in Delaware, the first issue is usually which insurance policies may apply. In general, the at-fault driver’s lack of insurance can make recovery more c...

ID - Idaho

What are my rights if my parked car was damaged by a snowplow?

If your parked car was damaged by a snowplow in Idaho, you may have rights to seek compensation, but the available options usually depend on who operated the snowplow, where the damage happened, and what kind of insuranc...

NM - New Mexico

How do I handle a crash where the other driver was texting but the police report does not mention it?

In general, a police report is only one piece of evidence after a crash. If the report does not mention texting, that does not necessarily mean the issue cannot be raised later. In New Mexico, as in many states, fault an...

AR - Arkansas

Is it legal for an insurance company to deny my claim because I waited three days to report the crash?

In Arkansas, an insurance company may try to deny or reduce a claim if the accident was not reported right away, but a delay of three days does not automatically mean the insurer can legally deny the claim. In general, t...

UT - Utah

Can I sue for diminished value after my repaired car now has an accident history?

In general, possibly yes, but it depends on the facts, the insurance coverage involved, and Utah law as applied to your situation. “Diminished value” usually means the loss in a vehicle’s market value after an accident,...

WI - Wisconsin

What happens if I was in an Uber accident and both drivers blame each other?

If you were in an Uber accident and both drivers blame each other, the situation usually turns into an insurance and evidence dispute rather than a simple one-driver claim. In general, fault has to be sorted out before i...

MD - Maryland

What are my rights if the insurance company wants me to use a specific repair shop?

In general, an insurance company may recommend or prefer a particular repair shop after a claim, but that does not always mean you are required to use it. In Maryland, as in many states, the details usually depend on you...

IN - Indiana

Is it legal for a tow yard to charge $95 per day after my car was towed from the crash scene?

In Indiana, a tow yard may be able to charge daily storage fees after a crash tow, but whether a $95 per day charge is legal usually depends on several facts. Those facts can include how the vehicle was towed, what the t...

SC - South Carolina

Do I have to pay medical bills upfront while waiting for the car accident settlement?

In general, you may still be responsible for medical bills after a car accident even while a settlement is pending. In South Carolina, the fact that you are pursuing a car accident claim does not usually stop hospitals,...

MN - Minnesota

How do I dispute a total loss value that is $4,500 below similar cars for sale nearby?

If your car has been declared a total loss in Minnesota and the insurer’s offer seems far below similar vehicles in your area, you can usually dispute the valuation by asking for a detailed breakdown, comparing the insur...

TN - Tennessee

What are my rights if my child’s car seat was in the vehicle during a crash?

If your child’s car seat was in a vehicle that was involved in a crash in Tennessee, you may have questions about whether the seat can still be used, whether insurance may cover replacement, and whether the crash caused...

VA - Virginia

Can I make a claim if a hit-and-run driver damaged my car in a grocery store parking lot?

If a hit-and-run driver damaged your car in a grocery store parking lot in Virginia, you may be able to make a claim, but the available options usually depend on what evidence exists and what insurance coverage you have....

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