We have a wrongful death lawsuit against the driver ! The driver admitted the fault ! We filed a suit against the driver ! Before come to the trial ! We went down to mediation ! We settled the case with the amount of money ! Driver insurance company attorney signed the agreement ! But now my attorney said they agreed to amount money but not the payment ! Now we have to file garnishment and the driver have to file bad faith case against her insurance company so that we can collect the judgement ! It will take several years ! I don’t think it is right ! Do you have any idea ? Thanks !!!
What you are describing makes sense if the amount is more than the policy limits or the insurer is denying coverage. The minimum amount of liability insurance coverage required is $25,000 so if your attorney got the plaintiff to settle for a larger sum than the policy limits the only way to be able to recover that is by establishing a bad faith case against the insurer to make it pay more than the policy limits. Similarly if the insurer is denying coverage then the only way to get it to pay is through an equitable garnishment action and pursue bad faith. It is a two step process. Since you obviously aren’t understanding things you really should ask your lawyer to explain it to you. I know that sometimes we lawyers don’t explain in enough detail so feel free to ask for further explanation.
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