Articles Posted in Insurance

Insurance company statistics show more fraud occurs in down economies. As the economy gets shakier, people start to look for more and varied ways to turn some quick cash. Insurance fraud often looks like an easy payday when times get tough but the truth is, it can not only cost you some hefty fines but some jail time as well. Fraudsters believe that if their fake claims are small, they will slide by under the radar but that just isn’t true. When times get tough, insurance companies know fake claims will be on the rise. That is why they have special teams of agents with experience in law enforcement to conduct thorough investigations and sniff out false claims.

Insurance fraud is any deliberate action from a consumer, agent, company or adjuster made to obtain an unlawful financial gain. This deliberate action can happen at any juncture of the insurance process including selling, buying, using or underwriting. Insurance fraud will either be from an individual committing fraud against the consumer or against the insurance company. It is estimated that over a hundred billion dollars in false claims are made each year causing higher prices for consumers and an inability of the companies to properly compete with other companies as well as their future feasibility.

Stopping insurance fraud and even recognizing it, is harder and harder as fraudsters come up with more elaborate and efficient ways of ripping off the companies. Insurance scams occur in every realm of insurance. Workers comp fraud is rampant as well as medical and health insurance fraud. Auto insurance fraud is the most costly and prevalent. While difficult to prevent, auto insurers Special Investigative Teams have identified the most often used scams and are constantly on the look-out for them.

When people think of insurance scams, they usually assume it is the consumer doing the scamming. That is not always the case, however. There are a plethora of dishonest insurance agents and fake insurance companies that thrive by bilking consumers of their hard-earned cash. Scams run the gamut from misappropriation of funds to collecting premiums on fake policies without any intention or ability to pay out on claims. They will offer policies at incredibly low prices to lure unsuspecting consumers into thinking they are getting the deal of a lifetime when all along they are just getting ripped-off. Knowing their tricks and what to do when you suspect you are a victim are the best ways to prevent getting swindled.

Stolen Premiums and Lapping

Agents can steal premiums by taking them from one customer and appropriating them to a fake customers account. They are then able to steal the money from the nonexistent customer account and place it in their own pocket. They use the money to feed addictions like gambling and drugs or to better their own lifestyle with luxury goods and services. They can also steal the money you give them for premiums before it is ever credited to your account.

When you’re in an auto accident, you might feel as if you’re being pulled in so many different directions. You’re worried about your own injuries and how they will affect your personal life and your ability to hold down a job. You might also be worried about any loved ones of yours who were also injured in the accident. Finally, your car has probably taken some serious damage, and it might be awhile before you have the money to either fix it or get a new one.

sacramento auto accident attorneyWhat you do need to be keenly aware of, out of all these issues, is the matter of statutes of limitations. After you’re in your accident, you have a set amount of time during which you need to get your claim filed. These limitations can change how you and your insurance claims are handled. If you file a claim past the deadline, you will not be able to file a case or a claim with your insurance.

If you have a personal injury claim resulting from an accident, then you have two years to file a lawsuit with regards to auto insurance. If you have property damage to your vehicle or personal property, then you have three years for which to file a lawsuit.

When you get a quote for your auto insurance, you see one lump sum, but what exactly makes up that lump sum. You might be surprised to learn that the state laws of California actually have a lot to do with how much you pay for auto insurance. Certain laws can give you discounts for certain things while raising your rates for others.

Car Accident Attorney SacramentoIf you’re planning on moving out of California or to California, then you need to be aware that your auto insurance might go up or down, depending on where you’re moving to and which laws apply to your situation. Here are a few laws and protections you should be aware of if you’re planning to move in the near future.

Personal Injury Protection

Insurance adjusters in California are merely employees of an insurance company. They are charged with the task of examining insurance claims for payment. They are considered the frontline in the war against the never-ending onslaught of accident claims. It is their job to pay out as little as acceptable. Many are capable, trustworthy citizens but there are some who will go the extra mile to save the company some money, even if it means bilking you out of your reasonable claim for reimbursement.

The most startling fact about insurance adjusters, the fact people must be continually reminded of, is their job is not to make it possible for accident victims to recoup their damages but to keep that from happening whenever possible. They are paid and often given bonuses to save the company from paying as many claims as possible. They meticulously search for any chance to deny each claim that crosses their desk. The reason this fact is so hard to remember is because they are so good at distracting victims from it. They strive to appear kind, caring, well-meaning and concerned for the victim. This is a falsehood.

Tools of the Trade

Insurance companies have become contenders in a fight for the most customer-related television commercial lately. From quirky, sassy, truck stop waitress type salesgirls, to tiny, charming and charismatic if a bit sarcastic reptiles, these companies are battling it out to get your attention.

The catchy jingle from Nationwide Insurance, Nationwide is one your side, gets stuck in everyone’s head at least once a year. These companies try hard to get in your head and stay there. It isn’t just to offer you the best deal possible. They have motivations of their own.

Insurance companies are not founded by people with a deep seated need to give people gigantic amounts of money. These types of companies are founded by people that believe shareholders will invest and they will make a profit from those investments.

As a medical professional, it’s important to take necessary measures to protect your livelihood. The increasing number of medical malpractice lawsuits makes it essential for physicians and healthcare facilities to purchase medical malpractice insurance.

What Is Medical Malpractice Insurance

Medical professional liability insurance is needed when a health care provider fails to provide the standard medical care due to a patient.

The law gives you the right to file a case if someone causes harm to you and refuses to pay compensation. A host of things are involved in legal cases, which can make it difficult to prove negligence. Another complication is to figure out how much compensation you can get from the defendant. If you are sure you got hurt due to another individual’s negligence, you should then go consult with an experienced personal injury solicitor in Sacramento, CA. Each lawyer specializes in a particular field of law. So, it is highly recommended that you choose one who’s experienced in your particular type of case.

Personal injury law is not criminal law, so the police won’t play a significant role in this process. This means, you have to collect facts and evidence in order to prove that the defendant was negligent. This is a type of civil case, requiring you to collect evidence in order to show that the accident could have been prevented provided the defendant had followed the right steps. Due to the complicated process, it is much better to consult an experienced personal injury lawyer.

Insurance companies, for the most part, want victims to settle the case without the involvement of a lawyer. They want so just to keep the amount of compensation down. So, it becomes even more difficult for you to get the amount of compensation you actually deserve. For instance, if you get hit by a car, the insurance company is supposed to pay your hospital bills. The company should also compensate you for the lost work and other things. Unfortunately, things do not go as planned. Insurance companies usually tend to pay less than their customers deserve. So, you have to make them pay what you deserve, and this is possible only if you hire a Sacramento personal injury attorney in California.

The following blog entry is written to illustrate a common motion filed during civil litigation. Reviewing this kind of filing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this insurance bad faith lawsuit and its proceedings.)

ARGUMENT THREE
COURT HAS DISCRETION TO GRANT PLAINTIFF LEAVE TO AMEND COMPLAINT WHERE AMENDMENT CAN CURE DEFECTS IF ANY ARE FOUND

It is judicial policy to liberally construe a pleading’s allegation with view to ensure substantial justice for both parties per Code of Civil Procedure, section 452. Daniel Black’s relationship with the Halls regarding their policy for Holly Street and their reliance on his advice indicates that there are grounds to make him personally liable for negligence, intentional emotional stress, negligent emotional stress, misrepresentation, negligent misrepresentation.

The premise of Black’s demurrer is that he cannot be sued as an agent of the insurer, and the complaints generally states he acted within his scope of employment. The meaning of the statement to plaintiffs is that he committed acts while employed by XYZ, whether some of the acts were outside the scope of his employment. The Halls could not discern at the time the complaint was filed shortly before the statute of limitations all the facts to allege.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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The following blog entry is written to illustrate a common motion filed during civil litigation. Reviewing this kind of filing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this insurance bad faith lawsuit and its proceedings.)

ARGUMENT TWO
THE HALL’S COMPLAINT ADEQUATELY STATES A CAUSE OF ACTION TO ALLOW COURT THE DISCRETION TO OVERRULE A DEMURRER

Black alleges that several causes of action are not sufficient to state a claim because specificity of facts are not alleged. When a court decides whether a complaint adequately states a cause of action, it must decide whether the allegations of the complaint adequately state a cause of action under any legal theory, or that it states some right to relief. The allegations are limited to the face of the pleading not whether there are facts to be discovered, or evidence that may arise in defense of the complaint. Essentially, are there allegations that present causes of actions despite legal conclusion, or unclear facts, such that a defendant is unable to defend in an answer.

Black’s demurrer reads like a motion for summary judgment or affirmative defenses to an answer. Black does not state he does not understand what is being alleged against him but that the law protects him from being sued as the complaint states. Discovery has not been conducted to determine whether Black’s acts were “in the scope of his employment.”

Demurrers are not meant to test the sufficiency of the evidence or other matters outside the pleading. Demurrers are improper to where complaint shows some right to relief even though facts are not clearly stated or are intermingled with irrelevant matters, or the plaintiff has demanded relief to which they are not entitled. Gressley v. Williams (1961) 193 CA 2d 636.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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