Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

My insurance company and insurance defense attorney settled…

My insurance company and insurance...
My insurance company and insurance defense attorney settled a lawsuit against me. My understanding was that insurance company pays defense attorney and controls litigation, and defense attorney protects insurance company's interests. I didn't think the settlement was fair at all.Since the settlement agreement doesn't contain clauses preventing re-negotiation, can I now hire an attorney to represent my interests, and ask the other party to return the settlement money as well as paying my insurance company for attorney fees? I have evidences to show that the other party lied all along, and I want to make things right. Has anyone experienced or heard something like this? Thanks.
Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
11/28/2017
LegalPro54
LegalPro54, Lawyer
Category: Legal
Satisfied Customers: 13,575
Experience: General practitioner with diverse legal experience.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

I have never heard of anyone doing what you are proposing, which is to reopen litigation against yourself. This would be completely against your own interests and subject you to personal financial liability. The case has been settled and your insurance company paid the settlement. This is a good thing. It is the best possible outcome you could have hoped for. On top of this, there is no way to rescind the settlement, which is final. There need not be a clause preventing re-negotiation--once the settlement is signed it cannot be rescinded.

Honestly the best thing you can do is move on. The last thing you should want to do is throw matches and gasoline onto the embers of a fire that's just been put out. I hope you will appreciate my directness as I have only your best interests in mind.

Ask Your Own Legal Question

I just realized that the rating option had not yet been activated on this question thread. I have gone ahead and activated it and would appreciate very much if you would take a moment to positively rate my service here. This does not cost you anything extra, but is how I am credited for my answers.

Best,

Patrick

Ask Your Own Legal Question
Customer reply replied 2 months ago
Thanks for your time answering my questions. I'm sorry I was away. I just have some follow up questions, and I plan to post them here in a few days.
Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7,505
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
Verified

Your expert has opted out, but if you have further questions, I will be happy to assist you with them.

Ask Your Own Legal Question
Customer reply replied 2 months ago
Thanks for the reply. Wondered if you could help with the original questions. The other party lied. I think I should hire an attorney to at least try to get the money back.

My understanding was that insurance company pays defense attorney and controls litigation, and defense attorney protects insurance company's interests. I didn't think the settlement was fair at all.

Your insurance policy, which you pay for, has a clause in it that authorizes them to settle cases with or without your consent. The company did what it is, authorized to do under the policy, as you acknowledge. The insurance company settled using its money, not yours so you cannot sue in your name. You have to sue in the name of your insurance company. A court will most likely find that you have no standing to bring such a suit and your lawsuit would be quickly dismissed. You should also consider the possibility that such a suit might be called a frivolous lawsuit, and give the other party a cause of action against you. Your insurance will not cover that. You may ask, then why can't I sue the other party for bringing frivolous suit? Answer: because you suffered no damages. Whether the settlement was fair or not, is not an issue that can sustain a lawsuit against the party who received it.

I hope that I have provided excellent service and, if so, would appreciate a 5 star rating. If not, please let me know how I can further assist you. There is no additional charge to you for rating me. A bonus is not required, but is always appreciated.

Thanks for using JUST ANSWER.

Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7,505
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
Verified
Irwin Law and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask Irwin Law Your Own Question
Irwin Law
Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7,505
7,505 Satisfied Customers
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.

Irwin Law is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I have a question about a will and a life insurance policy.
I have a question about a will and a life insurance policy … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I signed a settlement agreement to refund someone over
I signed a settlement agreement to refund someone over $20,000 for the return of a engagement ring they were supposed to send with FedEx overnight as stated in the settlement they shipped it with US P… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,832 satisfied customers
I heard that insurance defense attorneys are busier than
I heard that insurance defense attorneys are busier than other attorneys. What would be the reasons? Thanks.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,612 satisfied customers
I recently applied for 2 life insurance policies. As a
Hello. I recently applied for 2 life insurance policies. As a result of that application I found out that one of my blood tests came back with abnormal readings. The agent said I would still be covere… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,483 satisfied customers
I signed a policy for home owners insurance and have made 2
I signed a policy for home owners insurance and have made 2 payments based on schedule. Now they say the replacement value of house is more than they originally estimated and have increased my payment… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,305 satisfied customers
My mother took out a life insurance policy on me when I was
Hi, my mother took out a life insurance policy on me when I was a minor. I'm 27 now, and found out she's refusing to sign the policy over to me despite the fact I'm an adult and her agreeing to over a… read more
LegalGems
LegalGems
Juris Doctorate
11,042 satisfied customers
I have both a homeowners insurance policy that covers damage
I have both a homeowners insurance policy that covers damage to our home with a $1000.00 deductible and a home warranty policy with a $1000.00 maximum for plumbing incidents. We had a slab leak (plumb… read more
Michael Bradley
Michael Bradley
JD
1,216 satisfied customers
My home insurance policy re: full replacement cost. Language
My home insurance policy re: full replacement cost. Language was confusing so I had some words with agent who got mad and told me to go shoping. So I did. On potential new agents screen it said my cur… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
A life insurance policy which was cancelled in October,
a life insurance policy which was cancelled in October, November, and December, and on auto-pay has still not ceased. what to do? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,305 satisfied customers
My car insurance policy was canceled because I was
Hi, my car insurance policy was canceled because I was ill-informed is there something I can do? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I am sold a insurance policy and I have a copy of the letter
Second opinion] I am sold a insurance policy and I have a copy of the letter of confirmation, the certificate of insurance, when claimed form is submitted I am told I was not sold the amount of insura… read more
Bill Attorney
Bill Attorney
law
1,746 satisfied customers
Can a signed property settlement agreement be appealed
Hello, can a signed property settlement agreement be appealed before it goes before a judge? … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,238 satisfied customers
I am the beneficiary of a life insurance policy and the
I am the beneficiary of a life insurance policy and the insurance company won't make the check out to me.they keep sending it to the estate of Don Sergott so the bank won't cash it. I called them and … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I had an insurance defense attorney to defend me against the
I had an insurance defense attorney to defend me against the other party's claims. At the same time, I paid another attorney for the counterclaims part. My counterclaims attorney told me the insurance… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,301 satisfied customers
Would an attorney insurance defense attorney feel very
Would an attorney insurance defense attorney feel very strong about pointing out the lies made by the other party? How about a regular attorney? Thanks.… read more
LegalPro54
LegalPro54
Lawyer
13,575 satisfied customers
I had a life Insurance policy with All State insurance taken
i had a life Insurance policy with All State insurance taken out in 1997 for 25.000 whole life. I then increased it to 60.000 paying regularly each mos. I was told they had turned it over to Universal… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,238 satisfied customers
We just received a copy of the insurance policy the cover
We just received a copy of the insurance policy the cover letter says that it doesn't provide any coverage for automobile accidents. I've attached it please let me know what you think thank you… read more
Michael Bradley
Michael Bradley
JD
1,216 satisfied customers
If a beneficiary to an insurance policy dies, do the
If a beneficiary to an insurance policy dies, do the proceeds get distributed according to that beneficiary's will or are they distributed according to the Insurance policy such as divided equally amo… read more
Michael Bradley
Michael Bradley
JD
1,216 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x