James Charles Haigh’s Answers

James Charles Haigh

Sacramento Government Attorney.

Contributor Level 9
  1. During the time of mold remediation, my renter's insurance pays for relocation, however, do I have to pay rent during this time?

    Answered over 5 years ago.

    1. James Charles Haigh
    1 lawyer answer

    I assume you have a written lease with your landlord? Does your lease include a provision for who is responsible for maintaining your home? I suspect landlord is responsible for items such as burst pipes (I am assuming they burst through no fault of yours). You were wise to purchase renters insurance which will cover your damages to the home. Your inquiry suggests that your home is uninhabitable during the mold remediation period. While you are being reimbursed by your own insurance...

    3 people marked this answer as helpful

  2. Can I deduct rent for not having essential services such as a bathroom toliet

    Answered over 5 years ago.

    1. James Charles Haigh
    1 lawyer answer

    So sorry to hear about your problems. You need to contact a landlord/tenant attorney as soon as possible. If you cannot afford one, I suggest you call Legal Aid. You are correct that you have the right to a working toilet and your landlord cannot evict you for complaining about the problems. Get legal assistance as soon as possible as you will need one to deal with your landlord who appears intent on bullying you. I hope you are able to get this resolved quickly - good luck to you.

    1 lawyer agreed with this answer

  3. Can I sue someone who hit my car even if insurance covers the damages?

    Answered over 5 years ago.

    1. James Charles Haigh
    2. Norman Gregory Fernandez
    3. Vincent A. Gorski
    3 lawyer answers

    You may sue for your unreimbursed damages regardless of your deductible. The tricky issue is that there can only be one lawsuit against the adverse owner. Since your own insurer has the right to file suit against the adverse owner for the money they paid you (a subrogation claim), either you can join them in a suit, or your own insurer can waive their subrogation rights and you can pursue the adverse owner alone. As for the issue of the stolen car - the Vehicle Code (section 17150)...

    2 people marked this answer as helpful

  4. Can I sue for the rest of my damages after receiving settlement check from car insurance company?

    Answered over 5 years ago.

    1. James Charles Haigh
    2. Lars A. Lundeen
    2 lawyer answers

    The insurance company will not pay you any money without getting a release from you, protecting their insured. The person causing the damage to your car is liable for the lesser of the cost of repair or the reduction in the fair market value of your car as a result of the accident. You need estimates for repairing it and you may want to check on Craig's List or Auto Trader to find out the value of your car (assuming it was in the same condition as it was before the accident). Bear in mind...

    1 lawyer agreed with this answer

  5. A tow truck sent by my insurance company caused damage to my car. Who is liable? Should I use collision coverage and then sue?

    Answered over 5 years ago.

    1. Thomas Gerad Lewellyn
    2. Jonathan H Levy
    3. James Charles Haigh
    3 lawyer answers

    If tow truck operator caused your damage - the towing company will be liable. Generally the negligence of the towing company will not be imputed to the insurance company, so your remedy will be to take them to small claims court. If you make a claim under your own auto policy for the damage, your insurer will then go after the towing company to recoup what they pay to you to repair the damage. They will typically seek recovery of your deductible on your behalf as well and return it to you....

    1 lawyer agreed with this answer

  6. Do I have the right to use my own contractor and request the insurance check be sent to me?

    Answered almost 5 years ago.

    1. James Charles Haigh
    1 lawyer answer

    I see no reason why HOA would insist on your using their contractor for repairs to non-common areas. If damage was in your (rental) unit, you should have the right to make repairs using your own contractor. If the damage was to common areas, they can use their own contractor, since they are responsible for having the repair done as part of their maintenance obligation. You need to be careful as well, since you are leasing the condo and you need to check with your owner to confirm owner is OK...

    1 person marked this answer as helpful

  7. Are adult children responsible for uninsured parents medical bills?

    Answered over 5 years ago.

    1. James Charles Haigh
    1 lawyer answer

    You did not receive any services from the hospital - your mother did. She is responsible for the medical bill. Assuming you did not sign any paperwork guaranteeing payment, I see not basis for the hospital collecting from you. If your mother is uninsured, she should contact the financial services department of the hospital and see if they have special programs for uninsured patients. I believe most will work with your mother to either forgive the balance or agree to a payment plan. I would...

    1 person marked this answer as helpful

  8. Is this insurance fraud?

    Answered over 5 years ago.

    1. Brian Richard Dinday
    2. James Charles Haigh
    3. Jonathan H Levy
    4. Alan James Brinkmeier
    4 lawyer answers

    Interesting scenario, however from your description I tend to agree that it does not sound like fraud to me. Merely filling out the incident report to include Company B as a negligent party is not necessarily fraud just because Company A's employee believes he was the only one responsible. It sounds like the details of what happened are subject to interpretation/dispute and in my view it is appropriate to indicate on the form who was involved and I am quite certain that the insurance company...

    1 person marked this answer as helpful

  9. We (7 people) are planning a class reunion. Do we need to have insurance? Would our individual homeowners ins be good enough?

    Answered almost 6 years ago.

    1. James Charles Haigh
    1 lawyer answer

    As an insurance attorney for almost thirty-years, I have seen any number of bizarre claims, so my inclination is almost always to recommend insurance as an excellent way to spread the risk to an insurer (always be certain you have adequate liability limits and be aware that it is not much more money to increase those limits significantly). Your situation seems a little more unique insofar as you are talking about a one-time event. You have inquired whether the participants' individual...

    1 person marked this answer as helpful

  10. How can i get a copy of a police call ? and would it help at all?

    Answered almost 4 years ago.

    1. Robert Lee Marshall
    2. James Charles Haigh
    2 lawyer answers

    Your question is not clear as to why you need additional information - are you making an uninsured motorist claim against your own policy for injuries? If so, I agree you should leave it to your insurance company to investigate. You called 911, and you submitted a police report of the accident. I assume there was some damage to you car? If there was contact and damage you should be OK, but you should certainly speak with a local attorney familiar with uninsured motorist claims to verify that...