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Sandra Finch Russell

Sandra Russell’s Answers

13 total


  • Can I sue an insurance company transporting my car from one auto shop to another location without my permission

    Representative from my insurance claim said this was against California law

    Sandra’s Answer

    Generally, the owner has the absolute right to select their repairer and the insurance company has not right to interfere with this. If they did this without your permission, they and the person transporting have possibly converted your property to their own use and you would have a claim of theft and/or conversion. You should consult a lawyer to help you sort this out.

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  • Likelihood insurance company will settle small claims out of court? Any liability of me for other parties legal fee's if I lose?

    I could not reach an agreement over a fair settlement with an Allstate insurance adjuster over my demand to be compensated for 57 days of loss of use of my motorcycle this summer. I got an official HD estimate that it would have cost close to $2,9...

    Sandra’s Answer

    If you have filed suit, they may very well negotiate an offer with you just to avoid the cost of going to court. Usually, insurance companies do not seek attorney fees against Plaintiff's in car wreck cases because to win an award of attorney fees, they have to show that your complaint was frivolous or that you have been stubbornly litigious. If you have a valid claim, there is usually no risk of that. You have nothing to lose by going to the hearing, but be prepared!

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  • Is it fraud to sign your spouse name to a life insurance policy on a joint checking account ?

    We were married 10 years.

    Sandra’s Answer

    I would strongly urge you not to sign your spouse's name on any legal document, EVER. Fraud is one concern, but of more importance is that you may be spending your money for nothing because the insurance company could come back and have the policy voided when you go to make the claim if they find out that the proper signatures were obtained. The best policy is to just have your spouse sign!

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  • My employer did not pay unemployment taxes/insurance and now I am attempting to collect unemployment. What should I do?

    I am in North Carolina. I was recently released from a job of three years because of circumstances beyond my control. I provided home health services to a man, he became very ill and had to go into the hospital and long term rehab, so the company ...

    Sandra’s Answer

    The information you have provided is insufficient for me to give you any answers. Were you an independent contractor? How were you paid? 1099? W-2? Were taxes and unemployment withheld from your check? If not, then you were likely a 1099 employee and the employer did not have to pay such things on your behalf. Go back and review your check stubs. If these things were taken out of your pay, then consult an employment lawyer ASAP!

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  • The repair shop failed to put my wheel back on correctly. Can I recover mileage and loss of use for my vehicle for the 28 days?

    I had to file under my auto insurance, and I do not have rental coverage. My car was in a repair shop 45 minutes from my home, because the tire flew off over an hour from home after the repair. The shop admitted negligence, but their insurance c...

    Sandra’s Answer

    Most states allow for the recovery of diminished value, but these are difficult battles to fight and most likely, in order to recover, you would have to file suite. Given the low dollar values involved here, the cost of litigation may outweigh the amount you recover. However, your state may allow recovery for the costs of litigation if stubborn litigiousness is involved. You should consult with a lawyer in your area. Usually consultations are free.

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  • My son was arrested for FTA on a no proof of insurance

    He was detained 6 hours even though we were there with a bail bondsman. The officer told the bail bondsman my son had changed his mind and wanted to stay in jail. The officer then took my son in the back and strip searched him and a cavity search....

    Sandra’s Answer

    I do not see a question here. You should retrieve the phone and have a computer specialist recover the deleted video. You should probably consult with a criminal defense attorney. Unfortunately, if there was a failure to appear warrant, the cops were permitted to arrest him and search him incident to the arrest. They are not permitted to use excessive force, but these cases are difficult to prove. Again consult a criminal defense attorney in your area.

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  • Do I have a case against my insurance?

    I had a car accident on Feb 15, 2013. The police didn't put the blame on me. No one died in the car accident but my car and the car I hit 'head on' were salvaged. The guy who hit me from behind fled the scene. Right away the car I hit 'head on' su...

    Sandra’s Answer

    It is hard to determine what your question is. Much of what you are saying is not making sense. In some states the law prohibits an insurance company from raising rates if they are not at fault in an accident. But from what you have said it does not look like that is your issue. It looks like Nationwide paid out on the adverse claim, which appears to indicate that you did have some fault. You may need to contact the lawyers who represented you to get a more clear understanding of what has happened here. Certainly damages of $130,000 is not congruent with someone dying. It is more consistent with someone being injured.

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  • I got into an accident and the lady took my plate number and my drivers license number what can she do?

    I was parked outside a wells fargo atm and she parked behind me and i didnt see her car she didnt give me any of her info.

    Sandra’s Answer

    Was there any damage to her vehicle? If she did not call the police, then she likely just took your information for record purposes. She could however make a report later in time. If she does, because this was on private property and not on a road way, you will not get a citation. She could still decide to file a claim with your insurance company at a later date, and possible file suit against you. I would say this is unlikely if there was no damage. Take some photos of your car ASAP to document that there is no damage to your car just in case.

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  • Insurance company listed the date of damage incorrectly on my claim, refusing to pay the $14,000 balance on a $27,763 claim.

    I submitted a claim for damages to my rental property on 3/22/14 for a collapsed rear wall and damage to a slate roof. On 4/3/14 I was sent a check for $3321 for partial repair of the roof. I appealed and was awarded $27,763 to replace the entir...

    Sandra’s Answer

    Most states have adopted the model Unfair Claims Settlement Practices Act, which prohibits an insurance company from giving false information to you about the policy, coverages or what you have to do to obtain coverage. If you were lied to and told you could do it whenever you want, this is probably a violation of insurance regulations and you may have a claim for bad faith. You should hire a bad faith insurance lawyer to take a look at your claim. The date of your claim is easily verifiable so if they have that date wrong, and you have brought this to their attention then this is another fact demonstrating bad faith. Usually you are initially paid ACV (actual cash value) until you make repairs and then you get RCV (replacement cost value). Most policies require the work to be completed within 180 days to get the full RCV. SEE A LAWYER.

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  • Looking for a medical tort clims attorney

    Doc neglect to give meds and hubby ended up in hospital

    Sandra’s Answer

    It is impossible to determine if you have a claim based upon this information. You should obtain the medical records and make an appointment with a medical malpractice attorney who can discuss your options.

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