How can one compel an automobile insurance company to send a settlement check (CA)?

by **arvad** » Tue Oct 11, 2011 8:27 am

I was very excited to hear that during the mediation of my personal injury case, the third party insurance company agreed upon a settlement that was fair and justifiable based on my injuries and medical expenses. However, despite this agreed upon settlement, the insurance company has completely failed to send me the check for two months to this day.

I'm not very sure about the settlement process, but two months seems like an unreasonable delay. I am beginning to get frustrated with my attorney, because she claims her hands are tied (She's a great attorney and has sent numerous letter requests, yet I am still penniless). My own futile research revealed that under California's insurance standards, the settlement check should be provided no more than 30 days after the settlement is agreed upon. However, the intricacies of legal settlements are like a foreign language to me (Sanskrit might be easier to learn), and I have unfortunately lost what little patience I had remaining.

Help me Yahoo! Answers, you're my only hope...

by **hob97** » Tue Oct 11, 2011 8:33 am

You would have to sue the insurance company, that's they only way to "compel" them to pay anything. I would try to confirm that the settlement was finalized and approved by all parties, something your attorney should know. You may have to take them to court to get them to actually cut a check. Sorry.

by **maddox** » Tue Oct 11, 2011 8:38 am

Something doesn't ring true! If you received a binding arbitration/ mediation award 60 days ago then payment would have already been made and sent to your attorney. Either your attorney has rec'd the funds or perhaps it wasn't a binding agreement or settlement. Your attorney should be experienced enough to know what is going on and you need to press him/her for the facts! Good Luck

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