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David J. McCormick
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David McCormick’s Answers

5,134 total


  • Can I legally make them pay for my deductible even though it happened on private property?

    I was taking a co-worker home after work and hit a manhole cover that was not properly placed in the ground and it ended up really messing up my car. This happened in his apartment complex around 9:45pm. There was nothing to signal it and there we...

    David’s Answer

    If you submit it to your auto insurance, then they will seek repayment from the apartment complex owner' insurance company, which includes your deductible.

    Call your insurance and report it ASAP.

    Good luck.

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  • How do I find an attorney to handle an appeal to reinstate my long-term disability with private insurer Cigna?

    I have a brain injury due to a fall at home. I was on long-term disability with Cigna through a policy my employer carries. Cigna decided I don't need coverage last Fall. I have appealed, and filed an addendum with them. They appear to be igno...

    David’s Answer

    You need to talk with an attorney experienced in handling long term disability denials.

    Good luck.

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  • Can AllState sue me if they driver was the one in the wrong? Also, can I reverse it and file a lawsuit against AllState?

    AllState filed a lawsuit against me because they claim I hit their insured driver and left the scene. They appearantly fixed their insured driver car and is now suing me for damages. When I got in contact with AllState I informed them that thei...

    David’s Answer

    If you have auto insurance call them ASAP and tell them what's going on.

    Good luck.

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  • Can anyone give me some pointers on the best approach to reclaim all money owed?

    This is my Dashcam video of a car accident that I was involved in and the other insurance has claimed 100% liability: (https://www.facebook.com/JimmysCarAccident2016/). I would like to file a civil lawsuit (or small claims) for the amount over the...

    David’s Answer

    Unfortunately all the insurance company owes you is the actual cash value of your car on the date of the crash, not its replacement value.

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  • Needed to know if they can make me pay this back when everything's been close on these and donecase?

    I wreck a pickup had it financed through this bank my insurance paid then I had gap insurance ! They paid the bank got title 2monhs and turned over insurance ,they pickup pickup!istayed in contact before it was finale they told me I would get a am...

    David’s Answer

    I agree. If you were never entitled to the money in the first place you have to pay it back. The fact that you spent it is not a legal defense.

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  • What's taking so long to get my money

    OK me n my lawyer went to court this month the judge ruled in our favor the insurance lady was there also after the ruling she didn't have a problem so what's taking so long for me to get my money

    David’s Answer

    Your attorney is the only person who can answer this question for you. Call him/her and ask.

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  • I am entitled to receive the entire amount owed on the vehicle in a settlement? Or just the "fair market value"?

    I was in a car accident and found not at fault. My car was totaled. Geico is the insurance for both myself and the driver at fault. They stated they would pay out the fair market value of the vehicle in a settlement. This leaves an excess of over ...

    David’s Answer

    Unfortunately they just owe you the fair market value for your car. That is why gap insurance is so important.

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  • What is the best way to deal with this situation?

    back in 2000 i was involved in an auto accident. i had full coverage at that time . now my wages are about to be garnished because somehow there was a case filed against me that is suing me because they claim i did not have insurance back then d...

    David’s Answer

    Your wages cannot be garnished without a court action being filed and a judgment taken against you. Ask for a copy of all legal paperwork because you were probably never properly served.

    Also, you need to contact your insurance company from 2000 and see what happened with the crash and any claim that may have been filed.

    Good luck.

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  • How do I sue an uninsured driver for an accident that happened in another state?

    Uninsured driver failed to yield to the right away and stopped in the middle of my lane in a 50mph zone. Driver side of her bumper got crunched, and my front end car was smashed due to not enough time to stop. My insurance company said 25% my faul...

    David’s Answer

    Before considering going after the at fault uninsured driver, I would talk with a local attorney that is experienced in handling bad faith cases to find out why they assigned you 25% and not 0%. Your insurance company owes you a duty of good faith in analyzing your claim, and they may not have done so in your case.

    Good luck.

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  • How do we go about getting this refunded, is it even legal for an insurance company to charge for insurance when another policy

    My son cancelled his Texas health insurance in January of this year because he was no longer living there,moved to North Carolina where he got new health insurance for that state. Problem is, his old health insurance claimed they never received ca...

    David’s Answer

    Have your son start by contacting the Texas Department of Insurance

    http://www.tdi.texas.gov/pubs/consumer/cb003.html

    Good luck.

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