I have been to mediation for personal injury and sign the release to receive my check and now the company is requiring a I-9 form or they wont issue my settlement check. On personal injury, no taxes are paid and there was no mention of a this being a condition to releasing my check, can they do this legally. I see no reason why they should come up with a new form to be filled out that wasn't mention before.
I think they are requesting a w-9, not an I-9. The personal injury settlement is non taxable to you but insurers always request a taxpayer identification. If you do not provide you will not be paid. If you have a lawyer he should know how to handle this.
Talk to your lawyer about this - he will know how to handle it - but there may be a taxable lost wage component.
It sounds to me like you don't have an attorney. If so I wonder how you did at mediation. As for an I-9 you 're right. As per the IRS "Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States."
So since when where you an employee of the insurance company? This is simply another situation where an insurance company is demanding something they are not due. You have two choices. Furnish the I-9. Or read the release looking for language that says "paid in hand" then write the company that you send certified and demand payment "in hand" and set a time for payment to be received like 10 days from the date of receipt of the letter. Then wait and see. In the end you could file suit for specific performance of the release, claiming the release is a contract and seek enforcement and costs/fees. Good luck.
I do not see the relevance of an I-9 form. That generally pertains to an employee of a company, and has no bearing on the settlement of your personal injury claim.
Have your attorney look into this situation for you. If you don't have an attorney, you may want to file a complaint with the state insurance Commissioner's office and ask them to intercede, getting you interest on any delayed settlement payment that exceeds the time set forth in the Florida insurance regulations.
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.
Is it an I9 form or W9 form? When accident cases settle, the ins co. routinely requests the attorney to provide his Tax Id # on a W9 form. If it is a W9 form instead of an I9 form that was requested to be filled out, then the attorney has to provide his/her info, unless you are representing yourself and then u would have to fill it out
I am not your attorney and don't know anything about your problem. Do not rely on my response other than as information used to hire an actual attorney.
Sounds like they are asking for a W-9. If you were represented by a lawyer, the defendant's insurance company will require a tax ID to be provided on a W-9 form. If you are receiving lost wages then they might need an I-9. Either way, your lawyer should know how to handle this issue. If you were not represented by an attorney, you may want to call one and discuss these things with him/her. It may cost a little $ but it could save you in the long run.
An I-9 form is typically required when you begin a job (along with a W-4 form). Perhaps the form they want you to sign is a W-9 form. This is a common request made by insurance carriers before issuing a check. When we settle a case, the insurance carrier always asks for our TX ID number or a W-9 Form. You can check with your attorney and accountant or research on line the significance of this reporting form. For the most part, your compensation for pain and suffering in the form of compensatory damages is not taxable. However, there could be some elements of a settlement that could be taxable, for example, reimbursement of lost earnings.
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