Legal Question in Personal Injury in California

can defendant appeal after insurance paid the settlement

i was in an auto accident recently and had to go to small claims court, i was awarded the judgement for less than what i was asking for. a few days later i got a notice that the defendant appealed and there was a date schedulded. the next day, her insurance company sent a check for the amount of the judgement ''paid in full for settlement'', is it possible that they can appeal even though the insurance company paid? is there a reason for her to appeal, even though it is considered close case? is she just being vendictive? do i still have to appear in court and what if i dont?


Asked on 11/15/06, 10:56 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: can defendant appeal after insurance paid the settlement

If you take the check, the appeal and case are over. If you don't accept that settlement offer, then you are forced to re-try the case on appeal, with no guarantee of outcome.

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Answered on 11/20/06, 8:18 pm


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