Asked over 1 year ago - San Pablo, CA
FlagCar accident case back to 1 year ago. I have signed a settlement and release paper instructed by my attorney.As I know,I have agreed 50/50 responsibility settled by signing the papers and I have already received the compensation money from my insurance company.But I just received a letter from the attorney of the other party claiming me a huge amount of money for medical.And I just acknowledged that the other party has NOT signed any settlement paper.From the content of the letter,they have pointed out the accident was 100% my mistake.For this situation, what action should I take to solve this case? And I want to know how come the insurance company would release the money for me if the case has not yet setttled by BOTH parties? Btw,we both parties were using the same insurance carrier.Thx
Take it easy. Send the letter you received from the attorney for the other party to your insurance adjuster and ask them to provide defense. Keep copies and check in a few days if it was received. That's all.
FYI --- The release you signed is not binding on the other party. It only keeps him safe from you.
You can settle your damage claim as a plantiff and take a reduction for your proportionate share of responsibility. The other party has his / her own independent claim and is not bound by the condition of your settlement
Often times insurance companies settle or dont settle claims and it has nothing to do with % of fault.
I would send the matter to your own insurance and they should provide you with a defense.
There is no such thing as requiring simultaneous settlements. You should turn this claim letter over to your automobile liability insurance carrier at the time of the accident and demand that they defend and indemnify you.
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