Q: We were rear ended by a driver doing 80while he was texting, we both have injuries and have settled with his ins carrier
Our atty has stated that he cannot give the settlement funds to us until we have settled with our ins company under our UM coverage. Also that we cannot go after the driver personally does this sound right.
A: There is truth to what your attorney is saying. Your attorney has to get permission from the UM carrier to accept the settlement with the at fault party. However, once permission is given then your attorney can disburse the amount of that settlement and then can proceed after the UM claim if your damages are sufficient to warrant the same.
A: It sounds mostly correct... You must have the permission of your UM carrier to accept the money from the person who hit you or you risk invalidating your UM policy. If you are to accept the money from the other drivers insurance company then that insurance company will most likely require that you sign a release releasing their insured (which would make it impossible for you to go after that driver). I am not aware of any law that says that your attorney can not distribute money under the other drivers insurance company; the only issue here would be if there is not enough money in the lawyers trust account to cover your existing medical bills and/or liens. Hope this answer was helpful... -Leland
Yes. The underinsured carrier has to agree or provide the funds--but they have that right and if your attorney went ahead to finalize that the underinsured carrier could scream "gotcha!"
To get the money you had to or will have to sign a release. Don't sign, no money. With the release you agree not to go after that person for more. If they have no other insurance, no reason to go after them as you'd rack up costs and get a piece of paper but they wouldn't have money to pay it.
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