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davsand

(13,432 posts)
9. Generally speaking, an attorney is not allowed to "settle" unless the client approves it.
Wed Feb 22, 2012, 10:19 AM
Feb 2012

Last edited Fri Feb 24, 2012, 06:27 AM - Edit history (1)

Having said that, I am left wondering if the attorney was trying to explain to the client that the people who hit her have no further funds available on the policy (the policy cap had been hit) and it is his opinion that a civil suit against them is pointless (think blood out of a turnip...) That check may represent the balance of funds left in the policies, period.

The insurance company for either party is required only to meet the obligations of the policy/contract. If the max spending amount (cap) has been hit for both policies, the insurance companies are off the hook--they have lived up to their end of the deal. The only other option to recover anything would be a civil law suit, and if the other guys are dead broke with no assets and nothing to put a lien on there is not much chance of getting anything if they sue for damages. Yet again, the attorney is not the one to decide about filing a civil suit. They can decline to represent if a suit is filed, they can advise against filing, they can require payment up front, but they sure can't dictate the decision.

It is difficult enough to deal with the aftermath of a serious accident and the physical and emotional impact of it all. I am sorry to hear your friend is suffering. Peace to you all.



Laura

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