Sacramento, CA asked in Personal Injury for California

Q: What does that mean? Too wait?

Yes, we have received the check. We have not yet deposited it into our trust because a condition of the settlement was that the defendant sign an affadavit that they do not have any other insurance to pursue, like an umbrella policy. Allstate assured me they are attempting ot get that signed by their insured so that we can move forward. In the event that you would like to waive that condition, we can draft a waiver

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: The situation you're describing involves waiting for important paperwork before finalizing your settlement. The insurance company (Allstate) has sent the check, but your attorney is following proper procedure by not depositing it yet.

The requirement for the defendant to sign an affidavit about additional insurance coverage (like umbrella policies) is actually protecting your interests. This document ensures you're not leaving potential compensation on the table if other insurance policies exist that could provide additional coverage for your injuries.

You have two options right now: You can continue waiting for the defendant to sign the affidavit, which is the more thorough approach, or you could sign a waiver to skip this requirement and proceed with the current settlement. Before making this decision, consider discussing with your attorney the potential risks of waiving this condition, as it might affect your ability to pursue additional compensation if other insurance policies are discovered later.

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