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Just having a good time |
You settle with a insurance company and they state that your check will arrive by a certain date. It does not arrive and they state that they will check into it. In the meantime , the statute of limitations is running out. It seems that may be their game plan. Can I now reject the settlement and take them to court? This is a large settlement. " I didn't fail the test,I just found 100 ways to do it wrong." - Benjamin Franklin | ||
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semi-reformed sailor |
Sounds like a good question for a NC attorney. "Violence, naked force, has settled more issues in history than has any other factor.” Robert A. Heinlein “You may beat me, but you will never win.” sigmonkey-2020 “A single round of buckshot to the torso almost always results in an immediate change of behavior.” Chris Baker | |||
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| Just because you can, doesn't mean you should |
Hopefully you have some written agreement that might protect you? Many people don't want to get an attorney involved in a slam dunk case but they often leave a lot more money on the table than the cut and fail to understand various other important implications. I'd take whatever paperwork you have and pay an attorney for an hour of their time to ask some questions of where you stand. ___________________________ Avoid buying ChiCom/CCP products whenever possible. | |||
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| No, not like Bill Clinton  |
^^^ It's not a settlement if you don't have this | |||
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| Just having a good time |
The settlement agreement has been signed and notarized. It was returned to them three weeks ago. My question is, can I now reject the offer before the statute of limitations runs out or do I have to sue them for breach of contract. Sorry for the confusion. I have been dealing with this for 3 years. " I didn't fail the test,I just found 100 ways to do it wrong." - Benjamin Franklin | |||
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Member |
Ragman, you really need to contact your attorney. If you are worried about time running out and have been dealing with this for three years, an attorney is the only way to proceed. Steve Small Business Website Design & Maintenance - https://spidercreations.net | OpSpec Training - https://opspectraining.com | Grayguns - https://grayguns.com Evil exists. You can not negotiate with, bribe or placate evil. You're not going to be able to have it sit down with Dr. Phil for an anger management session either. | |||
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| Needs a check up from the neck up  |
Letting the statute of limitations run is scary bad. The other issue is a lot of attorney's wont take a case if the statute is about to run. It's too risky for them. I personally wont take a case with less than 6 months left on the statute. You need counsel today, not tomorrow, go get it __________________________ The entire reason for the Second Amendment is not for hunting, it’s not for target shooting … it’s there so that you and I can protect our homes and our children and and our families and our lives. And it’s also there as fundamental check on government tyranny. Sen Ted Cruz | |||
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War Damn Eagle! |
Not an attorney, and just my educated two cents worth. Unless receipt of the settlement check prior to the statute of limitations (SOL) is a condition of the release, I'm not sure "slow mail" or whatever would ever be realistically viewed as breach of contract. I'd argue the signing of the release prior to the SOL running constitutes settlement of the claim - and would prevent the carrier from saying the SOL ran and trying to get out of paying. Now, if they came back and said the SOL ran and they're not paying you - hell yeah - sue their ass off for bad faith. I'm sure you could rescind the release, but IMHO, I think you'd be going backwards and have an uphill battle on your hands, which ultimately would only end up meaning less money in your pocket. If you decide to hire an attorney, he's gonna want his cut (generally 33% off the top, more if suit is filed), and I honestly don't see anything that's going realistically get you enough money to offset what the attorney would take. I'm not saying don't call or consult one, I just don't think you're at the stage where you need to hire one. If you signed the release, you and the carrier agreed to the settlement. The check WILL come. I would just call the adjuster every few hours, call his boss, call HIS boss. Be the squeaky wheel until you get an answer. Go as high as you need to. Trust me, it works. | |||
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| Needs a check up from the neck up |
Snake207 I don't like calling people out, but this here is some shit advice. he has a large settlement in play and a statute of limitations running, and you want to play what if lawyer games.......This is damn stupid. __________________________ The entire reason for the Second Amendment is not for hunting, it’s not for target shooting … it’s there so that you and I can protect our homes and our children and and our families and our lives. And it’s also there as fundamental check on government tyranny. Sen Ted Cruz | |||
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Mistake Not... |
You 1000% need to contact your (or an) attorney immediately. Like get off the forum and do it now. ___________________________________________ Life Member NRA & Washington Arms Collectors Mistake not my current state of joshing gentle peevishness for the awesome and terrible majesty of the towering seas of ire that are themselves the milquetoast shallows fringing my vast oceans of wrath. Velocitas Incursio Vis - Gandhi | |||
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| The Ice Cream Man |
Don't take this personally, but there is no such thing as an "educated legal opinion" by a non-lawyer. The OP is the equivalent of someone with a cut femoral, and you're telling him how to sow himself up, rather than go to the ER. | |||
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| War Damn Eagle! |
I never said it was a legal opinion - I've just been on the other side of this equation. I also never said don't talk to an attorney. I actually said TO talk to an attorney. I'm also not saying let the SOL run based on the advise of an internet forum. If he got a release from the carrier, they (he and the carrier) have agreed to settle. Having it notarized clearly shows it was executed prior to SOL running. The fact the carrier sent it to him shows their intent as well. IF the carrier/adjuster was stupid enough to try and renege and say the SOL ran, then the OP will have a slam dunk Bad Faith lawsuit against the carrier/adjuster. The line of attorneys at his door wanting to take that case would be 10 miles long - and rightfully so. No adjuster or carrier is realistically that stupid. A lot in this world can be accomplished with a simple phone call, and it doesn't require giving a third of his settlement to someone else. | |||
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His Royal Hiney |
I bet you're a very safe driver but you still have auto insurance. You have auto insurance to protect your assets. You have a very large settlement which is an asset if ever you get it. Why aren't you insuring it by paying for the services of an attorney? "It did not really matter what we expected from life, but rather what life expected from us. We needed to stop asking about the meaning of life, and instead to think of ourselves as those who were being questioned by life – daily and hourly. Our answer must consist not in talk and meditation, but in right action and in right conduct. Life ultimately means taking the responsibility to find the right answer to its problems and to fulfill the tasks which it constantly sets for each individual." Viktor Frankl, Man's Search for Meaning, 1946. | |||
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A Grateful American |
 "the meaning of life, is to give life meaning" ✡ Ani Yehudi אני יהודי Le'olam lo shuv לעולם לא שוב! | |||
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| Member |
^^^^^^^^^^^^ This looks familiar. HAha | |||
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| Member |
Does the settlement state in writing the date by which the check was to arrive or was that verbal and not part of the written terms? I'm not a lawyer, but I'm sure a lawyer will ask that question. | |||
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| Member |
You have a pretty good grasp on two possibilities - the release is effective now and the underlying claim is extinguished so you have a breach of contract claim and nothing more, or the release is contingent on payment, the carrier is in breach, and you are free to sue (at least until the SOL runs). BUT -- there are about a dozen other possibilities that no one other than a lawyer with the agreement in hand can evaluate. Please trust me on this - I do it for a living. Talk to one. | |||
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| Just having a good time |
Thanks to everyone for the advice. I got some legal advice and based on all my documents ,I am on solid ground. After some communication and notice of what I will do, the company has until mid next week to get me my money. If it goes any further it will be a breach of contract suite. MY counsel is more than happy to take on this case if need be. So far it has only cost me a couple 100 bucks. Thanks again for all the advice. " I didn't fail the test,I just found 100 ways to do it wrong." - Benjamin Franklin | |||
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