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Wendy Schenk’s Answers

807 total


  • Is legal advice for insurance claims reimbursable by insurer if initially deny the claim & later accepted the duty to defend?

    Business Policy claim for a civil litigation was denied with no duty to defend and told to hire own defense counsel at own expense. After countering, insurer accepted duty to defend but not duty to indemnify. Is all attorney fees reimbursable at r...

    Wendy’s Answer

    So now they are paying to defend you, but won't pay to settle and/or won't pay a judgment. You might want to worry about that, huh? You can put in for reimbursement of your legal fees until the time they accepted, but that doesn't help you. Maybe you need to file for bankruptcy?

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  • What happens to my UM after the auto accident case has been settle?

    I had an auto accident, it was not my fault. The other drive have full coverage ans so did I. My attorney told me to go get my UM But i didnt want to but they filed for it anyways. The case now have been settle, the firm got their cuts, so did the...

    Wendy’s Answer

    Ask your attorney to explain this to you.

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  • Does my ex-husband have a right to know about any settlement amounts regarding an accident that happened before I met him?

    I had an accident about 6 years ago. I met my ex about 3 years after. We were together on and off for 10 months only. Now he's asking for money from my settlement of my PI case? Does he even have the right to know anything about my private busines...

    Wendy’s Answer

    Sounds like a question to ask the attorney handling your divorce!!

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  • Is there any way I can file a lawsuit for medical malpractice and wrongful death of newborn a year after his death?

    I gave birth to my son April of 2014. There were complications and two days later he passed away. Many things happened that I didn't agree with and I believe his death could have been prevented. I tried to get help from a lawyer online but they co...

    Wendy’s Answer

    You are looking at a potential cross-over of medical malpractice and personal injury. Consult carefully, Meeting with yahoos who don't handle medical malpractice claims will do you no good.

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  • Can father bring survival claims for the death of his son, if mom brought same claims and settled with defendants?

    Mom became personal representative of son's estate and brought survival claims on behalf of son's estate against the Defendants. Mom did not notify Dad that she nominated herself personal representative, or what claims she was bringing. Dad was in...

    Wendy’s Answer

    There is a difference between a "survival claim" and a "wringful death claim." A survival claim ia for reimbursement of expenses incurred by the deceased for care leading up to their death. You would need to prove that you are responsible for repayment or else the head of the estate.

    You as the father can submit a claim for wrongful death for the loss of love and support. The insurance company should have made a settlement offer to you and mom. Was the settlement with her for the policy limit? What's your claim worth? Depends. How long have you been incarcerated? How close were you and your son? How often would you talk? What did you do to make his life better? Set him up to be successful?

    Contact an attorney to discuss. I have been counsel on both sides of this same situation.

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  • Assault and battery. Personal injury and distress. Failure and bias in San Diego Police and DA's office to prosecute.

    I would like to file a personal injury civil claims for assault and battery and perjury that is backed by significant video evidence and at least 8 police complaints. I got a call last Friday and the sergeant explained that the 1 year statute of l...

    Wendy’s Answer

    Are you trying to bring an action against the woman who assaulted you or a government entity? Suing a government entity has special requirements, requiring you send written notice of your claim within 6 months of the incident. If you are wanting to sue the woman...does she have money or assets? If not, what do you expect to achieve? Insurance doesn't civer assault and battery. See an attorney to discuss the merits of your case and options.

    This response is provided solely for general info purposes and ia not intended as legal advice.

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  • I believe I am not at fault in a car accident but insurance says I am.

    I was involved in a car accident over two years ago while driving my dads car that was insured but I was not in the insurance plan but wasn't excluded. I was on a freeway and was changing lane as a signaled and starting changing lanes to the right...

    Wendy’s Answer

    Contact your dad's insurance company as soon as possible and let them know you have been served. They will hire and pay for an attorney to represent you. It's possible that your insurance carrier simply hasn't been able to negotiate a settlement with the other driver and that the other driver filed suit if the 2 year deadline to file suit is coming up. So it may not be that the carrier has denied coverage or refused to pay, it's possible that they are still haggling with the other driver. Maybe the damages he is claiming is being disputed as unreasonable. Call the carrier ASAP!!

    **This response is provided solely for general information purposes and is not intended as legal advice, nor does it create an attorney-client relationship.

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  • If marry a felon

    if i marry a felon do i inheret his felons or charges to my clean record.

    Wendy’s Answer

    No, but there is always the potential that you will be linked to future crimes. Like they say, birds of a feather flock together. Lying stealing cheating. Is this how you want to live your life?

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  • Will my parents get sued if I am on their insurance policy, but I was the unauthorized driver of my friends rental car?

    I am under my parents insurance policy, so I am covered when I drive their car, and I guess a rental car. I want to double check and make sure that if I was the unauthorized driver in my friends rental car when he gave me permission and I was in a...

    Wendy’s Answer

    You guess? Guessing as to what policies cover your potential liability is never smart. What if you guess wrong? Then you are either faced with paying a judgment out of your own pocket or else filing for bankruptcy and ruining your credit.

    Financial responsibility and insurance coverage generally follows the vehicle. If your parents don't own the rental vehicle you drive, they cannot be held responsible for any damage that you are responsible for causing.

    Keep in mind that it's likely that your parents"policy does not cover damage caused to a vehicle"you are driving that is not included on their policy. There is also a big possibility that your parents' policy might not provide liability coverage to protect you when you drive a rental (unless you are driving rental because a listed insured vehicle us in the ahop.)

    So if your concern is your parents, they sound fine. Maybe you should be concerned"about yourself. Sounds like a big chance"of no coverage . And either you pay lump sum, set up payment plan, or file for bankruptcy. Guessing on coverage gets you screwed! Hopefully"rental car was booked"with credit card paying coverage and/or prime renter opted for additional civerage.

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  • Can a criminal defense lawyer get in trouble for not following a ruling and delibratly exposing a confidential detail?

    Im a witness for the prosecution and today the defense went against judges orders and identified the agency I work for. The prosecutor did not object so I did on my own. I told the judge he was ordered not to state my agency. The judge scolded the...

    Wendy’s Answer

    Unless an injury occurs, your alleged injuries and damages might be viewed as speculative and unrecoverable. Talk to the DA. What"protection can they give you? Talk to a local peraonal injury attorney. Sounds to me like an uphill battle and you have no proven damages.

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