I was involved in a 18 wheeler accident and was told to settle .so I sign to settle .but as soon as the final release settlement agreement came in .I refuse to settle cause I was told by my lawyer and the defendant insurance company that they was going bankrupt.so I ask for a proof claim of this bankrupt.i was told I wasn't entitled to one .so when I decided to change I was told my case was settle .can the law-firm settle my case with out my signature if I haven't signed the release.
If you gave your attorney authority to accept a settlement offer, and your attorney told opposing counsel and/or the insurance company that the offer was accepted, then you have agreed to a settlement even if the settlement release has not yet been signed. If you try to back out of your acceptance, opposing counsel can countersue to ask the Judge to enforce your acceptance. If you now claim that you did not really accept, you will create a conflict for your attorney who will have to withdraw from representing you.
If you want to know if any insurance company has gone into receivership (bankruptcy) you can look it up online. I've had that happen in my cases. Usually an entity called the Texas Property & Casualty Insurance Guarantee Association (TPCIGA) steps in and pays a claim when an insurance company fails.
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If you have given authority to settle and your attorney communicated that to the other side, the case is settled. Refusing to sign the release only delays you getting paid.
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If you told them OK, then changed your mind after they settled you probably can't. Not sure about the bankruptcy though--presumably your claim was listed as a creditor so everyone should have proof. However, you would be relieved from bankruptcy to the extent of insurance.
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