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My lawyer settled with the insurance company for less then my medical bills without speaking to me first. What to do?

Tallahassee, FL |

I was involved in a motorcycle accident and other driver was at fault. My lawyer told me he settled for 30k, it was the most the insurance company would allow for the policy apparently. He never asked if I wanted to settle. I just came in one day to drop paperwork off and he told me he settled. Originally I thought my medical bills were around 7k, but yesterday, 2 months after the accident I got a bill from hospital for almost 35k. I don't feel like he did his due diligence. He had a release for my medical records so I don't see how he didn't know about this bill.

Attorney Answers 9

  1. You need to sit down with your attorney and to advise him that you did not give him authority to settle the case. Hopefully you have not signed a release.

  2. The only way the case could have been settled is if you had agreed, and signed a release. Did you?

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  3. I agree with my colleague, you need to sit down and speak to your attorney and find out what is going on.

    I am only licensed in Arkansas. No part of this answer should be construed as creating an attorney client relationship.

  4. Talk to your lawyer and ask him why things happened this way.
    Then, if he cannot give you a reasonable explanation, hire another lawyer immediately.
    You may need to go outside of Leon County to get a lawyer to help you.

  5. I agree with everyone.

    This response is given solely as a general response to the question and does not create an attorney / client relationship between the questioner and responder.

  6. Did you sign a release?

  7. To be fair, nothing is settled unless you participated in some type of bargained for exchange. In other words, they pay you and you agree not to sue their insured.

    You may come to learn that the 30k you mention is all the insurance the at fault party has AND you don't have any UM coverage to pursue. I have no idea, based on what you've provided. Needless to say, if you haven't signed a release the issue is not resolved.

    Try and speak to your lawyer, then call another if you are unsatisfied, but speak to him first.

  8. It is hard to imagine that, 60 days after a motorcycle accident, you have reached maximum medical improvement and you are able to determine what, if any, lasting effects you will have from this trauma.

    I think there is much information which you have not revealed or perhaps are not aware of. You're not under no obligation to sign a release unless you want to. Your attorney cannot bind you to a settlement that you have not authorized.

    I suggest that you sit down with your attorney, face-to-face, and satisfy yourself as to the amount of insurance held by the tortfeasor and the owner of the vehicle he was driving, if this was a Florida accident. It may also behoove you to have your attorney run an assets check on the potential defendants.

    Speak with your attorney.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within 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. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.

  9. A lawyer is required to discuss settlement and get your authority prior to accepting a settlement. You need to schedule a meeting as soon as possible with your lawyer to find out what happened.

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