I had a car accident in January 2012. I had to have major surgery on my back. I felt the settlement was not enough, so I didn't sign the agreement,now I am being told that the other Insurance Company is now hiring an attorney to sue me,because I will not sign. First of all I told my attorney I would rather sue than to settle. She told me the other person could file bankruptcy,and I would end up with nothing. I have been paying ALL of my medical, and I am not getting lost wages and pain and so on. If I sign than Rawlins can come back and take everything and If I don't sign I the other insurance company is going to take to to court where I will have to paid court cost and being forced to sign. What can I do now? Lost with a hopeless case.The money is not enough to finish my medical.
Clearly your "assigned" attorney from your insurance carrier is trying to end this case and therefore has a conflict of interest to the extent she is representing what is best for you insurance company who is footing the bills to pursue your quest for more compensation (and they want it over). The fact that the defendant files for bankruptcy does not change your rights especially since the defendant's bankruptcy is a moot point because you are collecting from the defendant's insurance company and not from the defendant (unless wealthy) . You are being improperly pressured here to settle and may (or may not) be in your best interest depending on the merits of your case -- the key being you need OBJECTIVE advice on your damages and chances of victory if pursued to trial. If I was you I would hire the nastiest insurance lawyer I could find in your area to start making big demands to your own insurance company as well as the defendant's insurance company so as t shake up this unacceptable capitulation being forced upon you. Remember -- an insurance company cannot sue you to force you to accept a settlement you have already rejected....nothing but B/S plain and simple and evidence that your lawyer is not representing YOUR best interests.
My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained.
Brain Injury Lawyer
You need to talk with your attorney. Set up a meeting to discuss these important issues. If your attorney is no longer representing you, you need to contact and consult with another attorney.
Personal Injury Lawyer
You need to contact your attorney and find out what she is doing on your case. If you believe that she is not doing a good job, find another personal injury attorney by using AVVO in your local area. Do not give up. Keep pushing! Did the other party have insufficient coverage? Sorry you were injured. Good luck.
Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in 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. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
If you're unhappy, you need to talk to a new lawyer so you can get all the facts. Feel free to visit my website or give me a call. Looks like I'm just up the street from you.
Retain a local insurance lawyer to investigate.
Car / Auto Accident Lawyer
The other attorneys who commented are exactly correct. Talk it out /w your attorney. If he/she is not willing and if you have lost confidence in him, you need to find another attorney. Myself & others on this forum are fully competent & capable to assist you, BUT, you need to be vulnerable, authentic & totally honest with your current attorney & tell him how you really feel. Do that first & best wishes.
Sam Levine, Esq.
I agree with the others that you first need to get an answer from your own attorney or find another one to help you if you are not satisfied. As to the other insurance company suing you for not settling, I can only think that some agreement was made and they are filing something to enforce the settlement, or they are sending notice of their intention to seek attorney's fees if you go do trial and receive less than what they offered. Either way, this demands your immediate intention, and there may be deadlines pending, so do not delay in meeting with your attorney to make sure these things are being handled.
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Personal Injury Lawyer
Your attorney? Is this one you hired, or was hired through your insurance company? If the latter, insurance companies do not pay defense counsel to file a complaint/counterclaim/cross claim against another party so you will need to hire your own attorney to address that issue. With respect to the agreement, was it something you agreed to and accepted then had second thoughts about? If that's the case, you just might be stuck as by accepting the offer you entered into a contract so that is why the other insurance company will come after you, to enforce a settlement. RE filing bankruptcy, of course bankruptcy is always an option but it rarely happens. The other driver has insurance, correct? Has your attorney made a settlement demand? Was the demand within policy limits? Has your attorney looked at UM fro your own insurer? As the above shows, there are an awful lot of unanswered questions based on your brief summary of what's going on. Talk to your attorney and make sure you get specific answers along the above lines. Good luck.
Personal Injury Lawyer
There are potentially many important facts that could make a difference in your situation. Neither myself nor anyone else on this website can know exactly happened based solely on the information you have provided. You and your attorney are in the best position to know the most important and relevant facts.
It does seem that you were obviously reluctant to settle your case. However, you do not say that you never actually agreed to settle it. It seems that you may have authorized your attorney to accept the settlement, but then you had a change of heart and did not want to sign the release agreement.
Generally, a party's refusal to sign the release does not mean that an enforceable settlement agreement has not been reached. The general rule is that if someone agrees to settle their case (even if they do so reluctantly), and they or their attorney communicates the acceptance of that settlement to the other party, then the matter is *usually* settled unless both sides agree to back out or there is some other significant material circumstance that defeats.
If one side changes their mind and tries to back out after an enforceable settlement agreement is reached, the adverse party can go to court to compel enforcement. This is especially true if there is documentation that a settlement agreement was reached, and/or if money has actually changed hands. As you can imagine, a court is unlikely to find there was no settlement agreement if one party has paid money and the other person has accepted and kept that money.
I am very sorry to hear the settlement amount is not what you had in mind or that it may not take care of all your financial obligations, but the bottom line is that if you authorized your attorney to settle your case for the amount the insurance company is paying/has paid, your case is probably settled and your unwillingness to sign the release agreement is not going to change that fact. It sounds like you have already spoken with your attorney and she has advised you of the possible consequences of not complying with the terms of the settlement. You should ask more questions and seek a more detailed explanation if you do not understand her advice. Good luck.
DISCLAIMER: The above is intended for information purposes only and is not legal advice. Legal advice can only be given by an attorney following an informed consultation with a prospective client and a proper investigation of the facts and law that apply. If you are seeking legal advice, contact an attorney licensed to practice law in your area for a meeting.
Personal Injury Lawyer
It's unclear from your answer what exactly the situation is. Unless I'm mistaken, it sounds like you have a personal injury claim against an at-fault driver, but the settlement offer or limits of insurance are less than your medical expenses. Now, your health insurer or medical providers, represented by an entity known as "Rawlings" is trying to take most of your recovery proceeds as reimbursement for the medical bills it has paid (often referred to as a lien). Therefore you are looking at recovering nothing, because it will all go out the door to Rawlings.
This is a common scenario in a PI case with low limits. Negotiating the lien is determinative of whether it justifies filing a claim at all. If you are not satisfied with your attorneys work, hire another attorney immediately, preferably one with some expertise in evaluating healthcare plans and other types of liens.