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I was in a car acciden. I flipped over and my passenger was injured, she wants to sue me if I dont give her more cash.

Garden Grove, CA |

The cash is for her medical bills and days missing from work. I dont want to give her anymore $. What can I do?

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Attorney answers 8

Posted

Simply report this to your insurance company. If you don't have insurance or just want advise contact an attorney. Do not get involved with paying someone off, do continue to do the correct "thing",

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com

Scott J. Corwin

Scott J. Corwin

Posted

Bad idea to try to pay her off.

Posted

Is there any reason you have not reported this to your insurance company?

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Scott J. Corwin

Scott J. Corwin

Posted

You must report this claim.

Posted

Never settle privately, or the person will come back over and over for more money. Report it to your insurance company to cover.

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Scott J. Corwin

Scott J. Corwin

Posted

with the caveat if you have a release executed by the other party that may protect you. But you need a lawyer.

Posted

Like my colleagues I"m wondering where your insurance company was in your "facts". That's why it's mandatory, submit a claim. Private solutions are no solution.

The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

Posted

This sounds like pure and simple extortion. If I understand this, if you don't keep shelling out money, she will sue. Notify the insurance company ASAP. This is the classic reason that we all pay for insurance. If, for some reason you do not have the correct coverage, then take the money you have saved by not having the correct coverage and retain an attorney to (1) send correspondence demanding that the extortion stop and/or (2) to determine what the actual damages are, to make a fair offer and to draft a full, final and valid release protecting you from the extortionist.

Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

Scott J. Corwin

Scott J. Corwin

Posted

Get a release executed though.

Posted

Settling a lawsuit - whether the suit has been filed or is threatened to be filed - should be done with a written settlement agreement. When a person continues to pay pay another person out of fear of that other person filing a lawsuit or doing something else unpleasant, it is often called blackmail or extortion - it's never called a "settlement." A good attorney should be able to draft a solid settlement agreement and advise as to whether settlement is even advisable.

- Paul

Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen&Molinaro;, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
(951)520-9684
www.fransenandmolinaro.com / www.888MDJDLAW.com
"When you need a Lawyer, call the Doctor"

** This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.

Paul J. Molinaro, M.D., J.D. Attorney at Law, Physician, Broker Fransen&Molinaro;, LLP 980 Montecito Drive, Suite 206 Corona, CA 92879 (951)520-9684 www.FRANSENANDMOLINARO.com and www.888MDJDLAW.com “When you need a Lawyer, call the Doctor” ** This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.

Manuel Alzamora Juarez

Manuel Alzamora Juarez

Posted

Very well thought answer.

Scott J. Corwin

Scott J. Corwin

Posted

Agreed

Christopher A Pearsall

Christopher A Pearsall

Posted

Nicely worded answer.

Posted

Report the incident to your insurance company. This will ensure the money goes directly towards her medical expenses and everything is handled accordingly.

Jim
Lucas, Green, & Magazine
www.lgmlawgroup.com

Posted

I agree with the attorneys above. Yikes! Even worse, you paid with Cash? Probably most likely lost that money unless she is honest or get deposed about getting paid by you... eeks! Always protect yourself and have things in writing or payment by form of receipt or check...etc.

I was going to say tell your insurance company that you paid her already for her medical bills and wage-loss already, but since you paid in cash, that's difficult to prove unless she is an honest person...etc. Maybe your insurance company can depose her about that in a deposition or get the other attorney to agree to questioning her in the present of her attorney...etc.

Either way you should for sure report the incident to your insurance company.

Scott J. Corwin

Scott J. Corwin

Posted

If you are going to pay write a check and get a signed release. Then you have a binding agreement if the release meets the requirements of the law.

Christopher A Pearsall

Christopher A Pearsall

Posted

Excellent observation by Attorney Chau regarding the probable loss of the cash already paid. Additionally Attorney Corwin is correct that if any money is paid you need a paper trail identified for the payment such as a check which should be indicated as to what the payment is for. A signed release is optimal but in the very least you should get a receipt from the individual you are paying that is signed by him or her indicating that the payment was received and stating what is was used for.

Wendy Ha Chau

Wendy Ha Chau

Posted

Thank you Mr. Corwin and Mr. Pearsall.

Christopher A Pearsall

Christopher A Pearsall

Posted

Attorney Chau, no thanks necessary. That was a good call on your part. Good lawyering is it's own reward.

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