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I have a liability claim and the Ins. Co. won't give me any info, because the case has been closed and I am not a lawyer.

Auburn, NY |

Several years ago I left town and my lawyer said just keep in touch, and I did then he stopped returning my calls. Now I find he is leaving town. What can I do to get info from the Ins. Co. on my own. I fear the lawyer settled and left me out of the deal.

Attorney Answers 7


  1. Your lawyer cannot settle any action without your consent. Your lawyer is required to register his address with the NY State Court system. If your case was in court, then you can check those records to determine what happened with your case.

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  2. You would have to sign a release so unless your lawyer forged your signature he didn't settle. Go to his office.

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  3. If an action was commenced in court, going to that court and looking at the court/county clerk's file on your case will help determine what activity has taken place in your case. Also, go to the Clerk's Office and it is likely that a polite inquiry will get an answer as to whether your case is still marked as being "active", "disposed", or otherwise. As already noted, to settle a case, your attorney requires, technically, that you sign a "release" , which would have to be turned over to the insurance carrier before any payment would be made. You may want to do all of this fairly quickly as you may find out that the attorney failed to properly prosecute your claim, and you would want to know that before he/she left town.


  4. Get in touch with your attorney ASAP. If he wont return your calls, you can terminate his services and get a new lawyer. If you do, do so in writing and send it certified mail. Your attorney isnt allowed to settle without you signing the Release.

    The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.


  5. Fastest way to know is to call the disciplinary board, and they will get you an answer with lightning speed.


  6. Send a letter to the attorney by certified mail return receipt requested asking for a written status report on case, county clerk should have a record of the case if it was filed in court. If the case was not filed in court, then contact the grievance committee to complaint about the lawyer. The lawyer can only settle the case if would signed a written release. Last possibility is the lawyer sent you a letter to drop the case if you failed to communicate with your lawyer. Good luck.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  7. Hirea new lawyer to correspond with the insurance company and open the case. Make sure you are not running up against the statute of limitations

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