Q: Accdnt 2017, no action by my move 2019, other ins. co. sttled without me, found out State has $500 in my name, what todo
Accident August 2017, got lawyer for back injury, needed therapy. Didn't hear from my lawyer except Summer, 2018 asking question, and April - May, 2019 with wrong BDay. Never got a hold of him otherwise. Went through separation, cancer, divorce, selling house and finally I moved November 2019. Found out recently the state had $500 for me apparently from a car insurance company. Apparently they settled without me or my lawyer during Covid. I received no notice. Actually spoke to my lawyer in November of 2022, said he would see if he could fix it. Never heard from him again. Is there anything I can do? Should I try asking my Insurance Company? Thank you.
p.s. Worth it to note the insurance company contacted me after the accident and paid my daughter $300 because she hurt her shoulder, no further medical attention necessary for her, and I told them that at the time. They also offered me $1,500 which I refused saying that probably wouldn't even pay for my therapy. Then I got a lawyer.
A:
Your facts just don't make sense. If you had an accident in August 2017, your attorney needed to file suit by August 2019 or the statute of limitations would have run and you would be barred from any recovery. If your attorney filed suit in August 2019, your deposition would have been scheduled long before the pandemic closed the courts in March. In the months before your deposition, you would have been involved in the exchange of Discovery.
Did you have a signed contract with your attorney? Do you know if your attorney filed a lawsuit on your behalf? Did you secure the physical therapy? Who paid for the physical therapy? Whether it was your private health insurance, Medicaid, or Medicare, you must pay them back if you receive any money. If your attorney was aware of a written offer of $1500, your attorney cannot charge you a fee on that $1500. What was your diagnosis? If you had a whiplash injury with only physical therapy, it is hard to believe that any attorney would agree to represent you, especially given the fact that the attorney could not take a fee on the first $1500. It is even less likely that the attorney would agree to invest the time effort and money to file a lawsuit on such a case. You can find your attorney's current contact information at www.iardc.org. If you had a written contract, call your attorney and ask what happened.
Your claim could not have been settled after August 2019 unless suit was filed. Once suit is filed, the Court is not going to accept the settlement that you have not approved. On your facts, your case may not have been worth much money but if an attorney accepted your representation, they also accepted the responsibility to see your case through and to protect your interests.
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