Month: September 2018

Policyholder Issues: Why is the Insurer Going to Such Lengths NOT to Pay?

Posted by Jeffrey Bolender on September 6, 2018 with 0 Comment

At the time you purchased a policy from your insurance company, chances are the experience was quite positive as you dealt with an upbeat insurance agent who listened to your needs and any policyholder issues, put together a package that sounded just right for you, and then took a check as you signed away. The policy got tucked away in a drawer somewhere in the home or your office, and as you paid your premiums monthly, quarterly, or annually, you were able to sleep at night with the peace of mind in knowing that you were insured. This means that you expected to be covered if you were sick or harmed—and you expected your home, business, and livelihood to be covered also should something go wrong.

Let’s use a car accident as an example. This is a typical area where insurance agencies may become aggressive about not paying out—and especially if it is the insurer for a negligent driver who caused you to become injured or debilitated and may have even been responsible for killing other passengers during the ensuing accident. As slow as they are to pay out, insurance companies tend to be as fast as lightning when it comes to calling after an accident; in fact, you may have not even made it out of the emergency room before adjusters start calling with questions. And while giving out basic information is not too detrimental to your case, it is important to refer any insurance calls to your attorney immediately.

If you do not have legal representation, adjusters may attempt for a free-for-all in gaining information—even asking for medical records and to tape record your conversation. It is important to understand that deep down they are not as friendly as they may seem, seeking any information possible to use against you should a legal case develop due to the accident. As to why they work so hard not to pay you? Even though you may have been severely injured, may be unable to go to work again, and may have had your life torn apart by an accident or other event, insurance companies don’t report billions of dollars in profits each year due to being nice; in fact, their adjusters and other representatives are trained to settle cases quickly, with as little effort and expense as possible. They are often motivated by bonuses and other compensation for keeping company costs down too. Along with that, insurance companies have vast financial and legal resources—which is why you need an attorney if you have been injured due to the negligence of others. And if you suspect the insurance company is practicing bad faith in not paying out a claim, turn to an experienced firm like the Bolender Law Firm.

Are you concerned about a recent accident, or are you trying to understand your insurance policy? If a dispute over a claim cannot be easily resolved through a call or written communication, the Bolender Law Firm will advocate on behalf of policyholders through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

Automobile Accident: Do You Know What to Do Afterward?

Posted by Jeffrey Bolender on September 5, 2018 with 0 Comment

You and your family probably spend a lot of time in the car, usually without the worry of an automobile accident; in fact, you may feel like you live there more than your own home due to what could be a lengthy commute every day, further travel for business trips, typical errands, and drop-offs and pickups for kids. It is easy to let your guard down and almost drive on auto pilot sometimes, but with traffic incidents continuing to rise in the US, extreme diligence and defensive driving are more important than ever. This goes for anyone on the road too, whether you are in a car, driving a motorcycle, riding a bike, or walking.

The reality is that in nearly any journey you will pass distracted drivers who can’t tear themselves away from their cell phones, those who are speeding, ignoring traffic rules, or even driving under the influence of drugs and alcohol. Their negligence may put you at risk for a car accident at any time, meaning that you should be prepared far ahead of time to know what to do afterward. Here are five of the most important tips:

Stop the car and take just a few moments to catch your breath and collect yourself after the trauma of an accident. The adrenaline flow afterward will be significant, and it is important to try and get your bearings, so you can then establish whether you or anyone else in the car are injured, as well as checking on the other parties involved.
Call the police immediately and file an accident report, as well as making sure medical help is on the way in the case of injuries. Make sure to note the police officer’s name and badge number and ask for a way to get in touch with them afterward.
Trade all pertinent insurance information and contact information with the other motorist(s).
Take pictures. If you can snap photos of damage to both cars, along with the license plate of the other vehicle. It may also be helpful to have any photos of the entire traffic area, including where the accident occurred, traffic signs, crosswalks, and stoplights.
Ask any possible witnesses for contact information also, as this may be the only time you ever see them again and they could be vital to your case.

If you need help reviewing your insurance policy, or if you suspect your insurance company may be denying your claim in bad faith, contact the attorneys at the Bolender Law Firm. If a dispute over a claim cannot be easily resolved through a call or written communication, our attorneys will advocate on behalf of policyholders through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

Homeowner Details: What to Know About Your Insurance Policy

Posted by Jeffrey Bolender on September 4, 2018 with 0 Comment

Homeowner details can make up a long list, but insurance is usually at the top. For most of us, the home is where the heart is. It is also meant to be a place of security and comfort, a haven from the outside world and work, and a place to lay our heads down at night safely. Aside from other real estate or storage areas, the home usually holds most of our worldly possessions too. The structure is a significant asset itself though—and if you have just purchased a home or had one built, it may be one of the biggest investments you ever make. Protecting it is key, and to do so you need good homeowner’s insurance.

Your insurance agent probably led you through the details of your policy upon purchasing it, but you may have found yourself signing on the dotted line without completely understanding some of the key points. Following are five things you should understand about your homeowner’s insurance policy:

It will be required by your mortgage lender – unless you have purchased your home outright, or have paid it off, homeowner’s insurance will be a necessity before you can close on your home.
Dwelling coverage – this usually covers any damage that occurs to the home, to include other structures on the property as well as the garage area of the residence. This coverage should mean that you have more than enough to pay for construction costs in rebuilding the home if necessary. While valuing the real estate is important, it is critical to consider this coverage in terms of the actual math for doing a rebuild.
Personal property coverage – covering the contents of your home, this part of the insurance kicks in whether your possessions are damaged or lost due to an unfortunate issue such as a burglary. There may be limits on typical items like jewelry, guns, collectibles, and more though.
Liability and medical payments – while this may be one of the items you think about least for homeowners, it is a standard but critical part of your policy. This coverage protects you if someone were to hurt themselves on your property (in a slip and fall accident, for example), as well as paying for medical expenses.
Extra coverages may be required – in California especially, be aware that earthquake and flood insurance are not provided in the standard policy, along with coverage for other disasters like landslides or environmental issues. These types of coverage must be purchased additionally, and often there are state plans available for items like flood insurance.

Business Strategies: Figure out Partnership Exits at the Beginning

Posted by Jeffrey Bolender on September 3, 2018 with 0 Comment

While some business owners employ many different business strategies and some prefer to fly solo, many others find that their companies thrive with the boost of one or more partners; in fact, if you do have business partners, these could be individuals you have known for many years—and they may have been integral in helping to develop your business model, products, intellectual property, and more. The key to a successful business partnership is much like that of any relationship: communication is key, along with a clear outline of what is expected of everyone.

Speak to your business attorney as soon as possible about having partnership contracts drawn up, defining titles, delegated duties, and information regarding profits and how and when they are to be dispensed. Even more important though is the exit strategy. And although this might seem like a negative thing to be considering from the beginning, the reality is that many partners do go in different directions over time, and it is better to have a plan while everyone is on good terms. This gives stability for the future too, as everyone knows what the plan is should one partner or another wish to depart or sell their shares.

The exit strategy for partners should include establishing the value of the business and then giving one or more partners the right to buy out their shares if that was the agreed upon plan; otherwise, they may want to leave their shares to family members or sell them to individuals from outside the company—a move which could lead to surprising complexities for existing partners who may later wish they had taken the chance to buy out the exiting partner.

Another important quotient in the business partnership contract is a dispute resolution clause. Again, deciding on such details before anyone is angry or suing can lead to a much better outcome later should a dispute arise. Dispute resolution clauses can be extremely detailed, outlining what type of method would be used, whether litigation, arbitration, or mediation. They may also be used to indicate where the resolution would take place, and who would be responsible for paying any attorneys’ fees, should that be an issue.

Do you need legal assistance with a business dispute? If so, contact the Bolender Law Firm. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!