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Car crash plaintiff is committing obvious fraud. My ins. co. attorney doesn't seem to care & seemed willing to "mediate."

Miami, FL |

I am being sued by a party with whom I was in a car crash over a year ago. The plaintiff was placed under surveillance by the insurance, and over the course of two days a week apart, she was videotaped engaging in activities that contradict the claims in her complaint 100%. I met with my insurance company appointed attorney and he didn't seem to care that the plaintiff was committing obvious fraud. This is in Miami, the fraud capital of the US, and I am worried that my insurance company appointed attorney is in collusion with the plaintiff's attorney. Is that possible and should I try to find my own attorney to replace the insurance company's attorney? This lawsuit and its outcome will stay with me for life, I want the best possible outcome for myself.

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Attorney answers 10

Posted

Given the details of your case, you may want to consult with a local attorney to examine your case and protect your rights in the case that your insurance company is not adequately protecting you. I hope you found my response helpful.

Posted

I used to work for an insurance carrier and know that a complaint to the Department of Commerce / Insurance Commissioner gets management attention.

Scott J. Corwin

Scott J. Corwin

Posted

Mr. Labore is correct.

Posted

I suggest meeting with your attorney face-to-face to discuss your concerns. If you are not comfortable with your representation after that, find someone you think will will represent you well.

My answer to your question does not create an attorney-client relationship.

Scott J. Corwin

Scott J. Corwin

Posted

I agree with Mr. Upton.

Posted

I agree with the other attorneys here in AVVO. It is best to work things out with the attorney you already have. If you can not get things straightened out then you should seek other counsel.
Good Luck

I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www. KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

Scott J. Corwin

Scott J. Corwin

Posted

I could not agree more.

Posted

Your insurance company will get to the bottom of this, so best to let them resolve this so you can move on with more important things in your life.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

Posted

Am I correct that you have insurance coverage and are being sued under that policy? If so, in Florida the insurance company has the right to hire counsel to "defend" the case against you. While you could retain additional counsel, you will foot the bill for that attorney's legal services. Typically, the only time to hire outside counsel is when the Plaintiff is seeking an EXCESS claim or there is a likelihood that the damages will far exceed your policy. As you may be learning, the insurance carrier and the attorney they hire do not have to follow your wishes in regards to the defense of the case or whether to deny and litigate or settle through mediation. I would recommend voicing your concerns to the defense counsel they hired, but do not waste your money on additional counsel unless the carrier instructs you to retain our own lawyer for an excess defense.

Posted

Although the insurance company hired the lawyer to represent you, that lawyer owes a legal duty primarily to you, not to the insurance company. It is very unlikely that your lawyer is colluding with the plaintiff's lawyer. I have been practicing for over 30 years and I have heard allegations like this many times, but I have never seen any evidence of it.

Your lawyer's primary obligation to you is to protect you from an adverse judgment, especially if the judgment would be in excess of your policy limits. Mediation is a settlement conference which could result in the case being settled within your policy limits, exonerating you from any further legal liability. Even if the claim is without merit, if it is settled within your policy limits, your financial liability ends. It really is not a matter of honor for you.

If the damages claimed could easily exceed your policy limits you should seriously consider retaining a lawyer in addition to (but not instead of) the insurance company retained lawyer. Your personally retained lawyer would have the job of monitoring the insurance company retained lawyer. That could very well mean encouraging settlement even though you think the claim is bogus.

This is a summary based on incomplete facts. You should not rely on it as legal advise.

Posted

I completely agree with Mr. Labore's answer and strongly recommend taking this good advice

Posted

Why are you assuming that your own defense attorney is committing career suicide and jeopardizing his license to practice law by colluding with the other attorney? Do you have any factual basis for this assertion?

I suggest that you contact your lawyer and arrange another face-to-face meeting with him or her to discuss your concerns and better determine your lawyer's reasoning and motives. I think you are jumping to wild conclusions.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.

Posted

Like others have said, I would meet with the attorney hired by the insurance company and address this with him. If for some reason you would like to get your own attorney you may try to do so, but then it will be at your cost. I would continue to work with the insurance company attorney. He's most familiar with the case and no doubt does have your best interest in mind.

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