Legal Question in Insurance Law in Illinois
i recieved 3 seperate checks from my insurance company to compensate me for my injuries. my attorney held the checks for 86 days then released them back to me then i went to the bank and the bank held them for an additional 2 days then told me they were good and let me withdraw the money. i recieved a call the otherday and the bank said they stopped payment on 2 of the checks and i need to cover those as soon as possiable. if i dont its like writing a bad check and i will be proscuted and charged . who is responsiable for this when i was on the understanding that they were good and was authorized by the bank to wothdraw the money? what do i need to do?
3 Answers from Attorneys
1. Go to your bank first. Sometimes checks are accepted solely because they don't bear a time limit, and although there's no hard and fast rule today as to when a check is no longer "good" the minimum used to be 60 days, and many issuing banks for companies used to actually state the time period on the face of the check which could be anywhere from 60 days to 6 months (typical). Your bank may be able to work with the issuing bank to ok the checks on a redeposit.
2. Go to your attorneys. They may or may not have screwed up (DO NOT ASSUME THEY DID) -- but they would be in the best position to get you replacement checks if the bank won't help. If they won't help you and they did screw up, you may have a complaint that could be taken to the Illinois Attorney Registration & Disciplinary Commission (ARDC).
3. Go to the insurance company directly, but finding the right people could be a pain.
The response given 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 anything other than the educated opinion of the author. It should not 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 might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.
Attorney Messuta has some excellent advice.
Get all 3 parties involved here. The bank, your attorney AND the insurance co.
This may just a simple case of the checks not being valid past 90 days.
A call from your attorney and or Insurance Co. may satisfy the bank for not filing a criminal complaint.
Then the insurance co. would then have to send you another check(s).
Good Luck!
One other suggestion...call the Illinois Dept. of Insurance and complain. Regardless of who is at fault, the Dept. will light a fire under the insurance company and they will move quickly.
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