I was falsely accused of leaving the scene of an accident with injury to a pedestrian. No criminal charges were filed against me !
1- I was not at the scene of the accident and the victim was hit by a car totally different from the car I drive. I also have proof of my whereabouts at the time of the accident.
2- No criminal charges were filed because either the PO never filed the ticket or the state prosecutor decided it was not worth prosecuting ( over 6 mos now )
3- My insurance company ( against my wishes ) decided to settle with the PI attorney for the max of my liability coverage. They accepted the check and is deposited in a trust account but, the release has not been signed yet. He is trying to access his UM/UIM for pain and suffering compensation.
Why is the release not signed?
I thought if the PI attorney deposited the check, they have an obligation to sign a release. What is holding up the release from being signed? Also, if a release is signed, can his insurance company company come after me for what they paid out in pain and suffering ? With all the info above, that i was clearly NOT at fault, would it still be worth it to them ( PI attorney or insurance company ) to try to sue me beyond my liability policy limits? Thanks
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without a detailed review by a lawyer can all the issues raised in your question be appropriately addressed...nothing in this response should be construed as establishing a lawyer client relationship..the answers herein are for informational purposes and not to be construed as advice
7 lawyers agree
...there is a special release where they can take you policy limits and still go after UIM. they put their own insurance on 60 days notice... either they accept the special release or they have to cover the policy limit pending disposition of the entire case... its complicated and you should consult with your own attorney which the insurance company will cover if litigation is filed. Fully cooperate w your insurance company... Best of luck!
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