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?


Asked on 5/24/99, 9:03 pm

3 Answers from Attorneys

Leandro Duran Duran, Gonzales & Ochoa, LLP

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

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Answered on 5/29/99, 5:38 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Personal Injury -

Define the term "they".

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Answered on 6/01/99, 4:58 am
John Hayes The John Hayes Law Offices

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.

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Answered on 5/27/99, 10:39 pm


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