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I had a car accident as a minor and I believe the insurance check was cashed by my father.

Mount Vernon, NY |

While on a road trip in 1992 with my best friend and her mom, we had a serious car accident. I received the most injuries because I sat in the back and that's the car was hit. At the time I was 17 years old. While away at college about two years later my dad sent me a personal check (his account) of $500 and a note explaining that the check was the money I received from my car accident. My friend and I got back in touch years after we both finished college and I learned that both she and her mom received about $20,000 from the insurance company. I was in total shock because I received most of the injuries. Anyway when I told my dad, he said he didn't know anything about that and brushed it off. My friend said the company was All State but that's all I know. Is there a way to find out more?

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Attorney answers 5

Best Answer
Posted

If you were 17 when the matter was settled, it would had to have been approved by the court and put in a bank account for your benefit. If you were 18 or older, you would have signed a release setting forth the amount of the settlement. Contact Allstate and give them the names of the interested parties. If the records are still available, that should be enough to get the information you're looking for. If the case was settled after suit, there should be some record in the NYS court system website. None of this means there wasn't something fishy in all this but you can probably get the facts before accusing someone. Good luck.

Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.

Posted

You should contact an attorney and retain the attorney to review the file.

Posted

If you were a minor at the time of the settlement, a probate court had to approve the settlement and most likely signed an order that told the person old enough to cash the check (a parent?) to do something very specific with the proceeds. If you were 18 or older, you should have been involved int eh process. Go sit down with a personal injury attorney to discuss the situation and get to the bottom of what happened.

There is a chance you won't like the answers!

Good luck.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

Jeffrey Bruce Gold

Jeffrey Bruce Gold

Posted

In NY any judge can approve the settlement, not just a probate court.

Posted

If suit wasn't brought where you live, it was likely brought where the accident happened. You can check with the clerks of those places about the suit. For NY, you can search on e-law.com. Insurance companies also keep a record a "CRB" of peoples prior accidents, and Allstate or a private investigator, might be able to obtain information from the CRB. In any event, so much time has passed that you couldn't even sue your father for the money, so I'm not sure what good it will do if you found out.

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com

Posted

Check with the court. Your money shouldn't have been sqandered like this.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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