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Do you have to take the insurance company to court to collect the diminished value?
Wiki User
∙ 15y ago
Most diminished value claims are settled out of court, in fact insurance companies have shown that they do not want to take these to court as it could set additional precedence.
Wiki User
∙ 15y ago
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What are diminished value laws in California?
Scott v. Lee, Superior Court, County of San Bernardio, Case Number: CIVBS800544, is that Mercury Insurance Company my not legitimately claim that there is no "diminished value" for a vehicle which has been damaged and repaired. The Superior Court of the State of California has ruled that James and Patricia Scott are entitled to diminished value from Mercury Insurance Company, notwithstanding that their vehicle had been repaired. "Thus, for future claims against Mercury Insurance Company, the doctrine of 'collateral estoppel' should bar Mercury from alleging that a claimant is not entitled to consideration for diminished value in California," says Day. "Furthermore, the denial of such claims on the basis that Californians are not entitled to claim diminished value against Mercury would be subject to a violation of the California Insurance Code and should be reported to the state's insurance commissioner."
Your sister died and you are trying to collect her insurance benefits her husband was named beneficiary but he died two years ago. what do we do?
Her estate will be the beneficiary of the life insurance. You will have to show the Letter of Authorization from the court to the insurance company. They will issue the check to the estate.
How does auto insurance subrogation recovery suit work?
It depends on which side of the event you're on first. Basically, whenever you have someone hit your vehicle that has no insurance you are making an uninsured motorist claim. This is normally where subrogation comes into play but it can work the same in any situation where a third party causes damage to your property and your insurance company comes in to pay for the damages for you. In these cases you sign over your rights to collect from the third party to your insurance company in exchange for them going ahead and paying for your damages. The insurance company will then go after the party which caused the damage and collect any damages that they caused instead of you having to take them into court and then try to collect for your damages. The insurance company basically does all this for you as you assign them your rights to the insurance company.
What supreme court diminished the scope of the exclusionary rule?
Supreme Court cases diminished the scope of the exclusionary rule?
What supreme court case diminished the scope of the exclusionary rule?
Supreme Court cases diminished the scope of the exclusionary rule?
How does my company collect past due account for services rendered?
You need to sue in court. The court depends on the amount of the loan.
Do you have to have a judgement to garnish wages Someone owes me rent, but I don't want to go to court to collect.?
You can not have a judgement to garnish wages since you are not a major company, you will need to go to court to collect.
If you are named beneficiary and a family member makes a claim why can insurance company file an interpleader action?
Because the Insurance Company doesn't want to be in the middle of it. interpleader n. the procedure when two parties are involved in a lawsuit over the right to collect a debt from a third party, who admits the money is owed but does not know which person to pay. The debtor deposits the funds with the court ("interpleads"), asks the court to dismiss him/her/it from the lawsuit and lets the claimants fight over it in court. www.Law.com
What happens when you withdraw a car accident insurance claim?
If its only with your insurance company, generally, nothing. If you are speaking of a court action you have filed, you will have to withdraw it from the court's docket.
How can you recover from an uninsured motorist?
If you have uninsured motorist coverage let your insurance company settle with you then recover from the motorist in court. If you don't you will have to take the motorist to court yourself. Your insurance company is far better equipped for this than you are.
What do you do if the person responsible for damaging your vehicle does not have insurance?
Take them to small claims court or settle it through your insurance company.
Functions of insurance company's legal department?
An insurance company's legal department is there to handle situations that require court appearances or may involve lawsuits. The legal department will represent the company.
