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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.
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Answered in 5 minutes by:
11/28/2017
LegalPro54
LegalPro54, Lawyer
Category: Legal
Satisfied Customers: 14,072
Experience: General practitioner with diverse legal experience.
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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 There need not be a clause preventing re-negotiation--once the settlement is signed it cannot be rescinded.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.

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Patrick

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Customer reply replied 5 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
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Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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Your expert has opted out, but if you have further questions, I will be happy to assist you with them.

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Customer reply replied 5 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.

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Irwin Law
Irwin Law, Attorney
Category: Legal
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Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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Irwin Law
Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7,559
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Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.

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