Legal Question in Personal Injury in California
Personal Injury - Paying the Insurance Co back!
I was involved in an accident two years ago. Not my fault. The woman's insurance co. settled with me. I was covered under a big name insurance co. They now want a large sum of money (the settlement) back. What can I do?
3 Answers from Attorneys
Re: Personal Injury -
I previously posted but lost it in transmission, so this statement will be abbreviated:
1. The issue is contractual, look at your policy does it contain a reimbursment provision;
2. You can negotiate: (a) Offer a fraction of the meds paid by your insurer; (b) discount all pain and suffering (ie they not entitled to benefit from your loss); (c) review for comparitive negligence and discount; (d) argue the issue of "laches" ie why did they wait two years after the settlement; (e) check your statute of limitations, in California a contract action must be commenced within four years; (f) argue hardship, you spent the money I assume.
Good luck
Re: Personal Injury -
Define the term "they".
Re: Personal Injury
I need a little bit more info from you. which insurance
company wants their money back yours or hers. If
it is her company and you settled with them and filed
a release they cannot get their money back unless
you have somehow committed fraud. If you would like
to talk about this some more I can be reached at 805-546-9918
or you can email me at [email protected]. I would be happy
to give you a free consultation. Recently their have
been some questions from people who have had
insurance companies come after them for no apparent
reason hoping that they will just turn over and settle
the claim. I have been able to help them for a
very nominal fee which included some letters on my
letter head threatening bad faith. I look forward
to hearing from you. Additionally, if you do wish to
speak with me do not accept phone calls from the insurance
company until we have talked so that you are protected
from saying anything that might hurt you in the long
run.