Can you file a Response to Defendants Motion to Vacate Default Derangement?: If there a Response that can and should be filed by I the Plaintiff, or should the arguments just be left for the hearing?
Donald’s answer: Not only can you. But you should, and in some cases may be required to. If this is filed in State Court you will want to file a formal Opposition to Defendant's Motion to Vacate. It should be based on the law, including any relevant Statutes, Court Rules or Court Decisions. For instance, you should look to Nevada Rules of Civil Procedure Rules 55 and 60 regarding Defaults and vacating them.
Can I fight this lawsuit or negotiate the amount they (Progressive insurance) wants to recover from an accident in 2017?: My brother got into a minor accident with my car Dec. 2017, I have pictures of the vehicles, my car received damage, other vehicle, a truck, had no visible damage. Didn't file a police report. Now, my car's insurance (Progressive insurance) at that time, is suing me for the amount paid out to the other party, and claiming breach of contract and misrepresentation. The lawsuit has incorrect information about the accident. Can I fight this lawsuit or negotiate the amount they (Progressive insurance) wants to recover?
Donald’s answer: Of course you can fight the lawsuit. There seem to be many issues here such as why is the insurer claiming you breached the contract and why are they seeking money from you for damages they paid pursuant to the contract. Also, are the amounts at issue worthy of the time and effort to defend the lawsuit in light of the risks of losing (which can't be known without more details.)
How come lawyer didn't give us our money?
?:
Got rear-ended in Oct..
The other party claimed fault. Got lawyer. It's been almost a year.Settlement came for $50,000...($25000 each) and was sent to lawyer. Had us sign checks, but never gave it to us. Why?
Donald’s answer:
As noted above, there are a few reasons why the Attorney has not yet disbursed the money. If your total medical bills were in excess of the Settlement, or even if they were below the Settlement, the Attorney will need to try and work out deals with the medical providers and insurers involved in the case. This can be slow - especially if he insurer is Medicaid or Medicare. The process just takes time.
Talk to your attorney and ask them for a timeline and where they are in finalizing the distribution.