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Richard Albert Cruz

Richard Cruz’s Answers

158 total


  • MY INSURANCE GEICO SENT ME AN AFFIDAVIT - TO SIGN

    MY SON WAS INVOLVED IN A CAR ACCIDENT , WE HAVE FULL COVERAGE, MONTHS LATER THEY ARE ASKING ME TO SIGN AN AFFIDAVIT POLICY SHOWING THAT I HAD ONLY GEICO NO OTHER INSURANCE, THEY ALREADY KNOW THAT . WHY AFFIDAVIT, THEY AID THEY TRY TO SETTLE THE...

    Richard’s Answer

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    This is standard procedure when a party's injuries exceed the at-fault insurance policy limits. Sounds like your insurance policy limit ($25,000) does not fully compensate the injured party. The Affidavit is simply a statement confirming you have no significant assets to go after personally and that no other insurance policies were in effect (except your Geico policy). If this is true, feel free to sign. If this is not true, you should contact a lawyer to discuss further.

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  • Motorcycle vs auto accident . What is a fair settlement offer?

    I was riding my motorcycle and got into an accident with a car. He was 100% at fault. We're both insured by State Farm. Injuries were bruised ribs and sprained lower back. I was in severe pain for about 2 weeks. I missed 3 weeks of work. Medical...

    Richard’s Answer

    If you are seeking $14-$15k, which is likely the true value of your claim, retaining a lawyer with a 1/3 contingency agreement does not make sense. In other words, accepting the $11k is the same as accepting $15k with a lawyer (minus his 1/3 fee). I suggest you seek local counsel for a free consultation for a more in-depth opinion with all the facts. Good luck.

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  • Can i use a tape recorder during my civil deposition

    defending myself against someone who rear ended me who was found at fault and her insurance carrier hired an attny to represent her after I filed a motion for default judgment before the 2 year limit expired

    Richard’s Answer

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    Yes. According to Ariz.R.Civ.P. Rule 30(b)(1): The party who notices the deposition must state in the notice the method for recording the testimony. Unless the court orders otherwise, testimony may be recorded by audio, audiovisual, or stenographic means.

    As others have mentioned, there will be a transcriptionist there that will be typing every word; however, if you cannot afford the cost of obtaining a copy of the transcript (could cost a few hundred dollars), you can record the deposition yourself. In order for you to be able to record the deposition, you will have to give advance notice to the noticing attorney. Good luck.

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  • Can An Insurance Carrier Be Exposed To A Bad Faith Claim By Its Insured For Not Settling A Personal Injury Case?

    Insured is sued by a 3rd party for personal injury. The amount of money the 3rd party is claiming is in the six-figure range. Insurance company for the insured does not want to pay the claim because it doesn't believe the Plaintiff's damages are...

    Richard’s Answer

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    Yes. Based on the facts provided, it sounds like you have a case against your insurance company (i.e. your insurance company placed their interest above their insured's/your interest). The best avenue and easiest street to travel is to seek a covenant not to execute with the awarded 3rd party attorney. In exchange you will give his client YOUR right of "bad faith" against your insurance company - often agreed upon in a Damron-Morris Agreement. This way you do not have to worry about any excess award being executed on you or your assets. The 3rd party can go after your insurance company for the excess award, including attorney fees. A little complicated but might be the best bet for you. Good luck.

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  • What are the necessary steps I need to do to put a claim if I hit a fire hose?

    As I was driving home from work, on the opposite lane the fire truck was driving by with their lights. The complete water hose fell off the truck and I ran over it and dragged it with my car before I came to a complete stop. It damaged my front ...

    Richard’s Answer

    Prior answers are correct - report this to your insurance company as soon as possible. However, if you are making a personal injury claim, seek a local attorney as some cities/states have notice of claim deadlines (some as short as 180 days from the date of loss) that you must file or your personal injury is void. Good luck.

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  • Insurance paying for repairs after running over a pothole

    I ran over a pothole and my car has suspension damage. I have collision with a $250 deductible. The damage is hidden: will the insurance adjuster take a look at it? Might as well file a claim, that's what insurance is for. Do I need a police r...

    Richard’s Answer

    In order for you to bring a claim against the city/county/state for the pothole, you first must file a Notice of claim in writing within 12 months when the date of loss was discovered or should have been discovered. See Section 26 of the Georgia Tort Claims Act. While I do not practice in GA, actions against a government entity are lengthy and expensive. I suggest you go through your own insurance company. Your carrier will recommend a shop to take your car to be looked at; this should include repair of the “hidden” damage as well. I recommend you seek a local personal injury attorney regarding your specific facts – any delay could have an adverse affect on your case. Good luck. Thanks.

    Richard A. Cruz, Esq.
    richcruzesq@gmail.com

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  • How do I appeal a health insurance company to receive my full benefits?

    They have sent me another brochure (not the one posted on the site where I enrolled). They also told me my surgeon over charged me. They will not pay my maximum to let major medical take over.

    Richard’s Answer

    Check the language in your health insurance enrollment brochure as to how to dispute a claim. Generally, there will be directions as to your rights. You should also seek local counsel as to your rights. Good luck. Thanks.

    Richard A. Cruz, Esq.
    richcruzesq@gmail.com

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  • My car was totaled and the insurance company offered me a settlement, but there was a child support lein on car.

    the state of Arizona. Can they take the whole check or only half the check

    Richard’s Answer

    In Arizona an insurance company is responsible to pay you the market value of your vehicle if deemed totaled. So make sure the insurance company is correctly valuating your vehicle: check blue book or auto trader in your area to find comparable values of your car. Before an insurance company can write you a check for your vehicle (in essence the insurance company is buying your vehicle), they must pay off all lien holders on the vehicle. In your case, there appears to be a child support lien on the car. The insurance company will write a check to pay off the child support lien and the remaining to you (assuming there are no other lien holders). The insurance company’s goal is to get a clear title so that they can sell to a junk yard or auction house. Thanks.

    Richard A. Cruz, Esq.
    richcruzesq@gmail.com

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  • Is it the other guys fault if someone rear ended me but he didnt receive a citation.

    I was waiting to merge sitting still, plulled up a little and tis huge truck behind me thought I was going even though a car was coming at 60 miles an hour. I'm sur that I was no way at fault but I was thinking he may say I stopped quickly. He wa...

    Richard’s Answer

    Seek a local personal injury attorney in your area regarding the local laws specifically dealing with motorists failing to control his/her speed as to avoid a collision (i.e. a rear-end collision). Generally, an officer’s decision to ticket or not to ticket does not prevent you from recovering for property or personal damages. Good luck.

    Richard A. Cruz, Esq.
    richcruzesq@gmail.com

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  • Do I have to sign off on a homeowner's insurance claim check?

    Ex-husband was awarded house, (then damaged it), filed an insurance claim and received a $100,000 check. Check is made out to both of us because I was on homeowners policy. (He removed my name from policy 4 days after filing claim). I'm afraid to ...

    Richard’s Answer

    Your tax accountant can answer this question for you; however, typically, insurance settlements for property damage are not taxable. See your tax accountant! Good luck.

    Richard A. Cruz, Esq.
    richcruzesq@gmail.com

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