Can an insurance company bring me back to court, if I do not want to re-issue a check that they have misplaced?
I was being sued for a car accident that happened in 2008. We settled it for US $4000. I was giving papers that cleared me from the case at the time. Now, I have the insurance company calling me that they never received the bank check. They want me to re issue the check. What should I do? Can they bring me back to court because they lost the check?
Answered By: Attorney Paul Lancia
Yes, but you may have defenses and the ability to negotiate.
Answer Applies to: Massachusetts
Replied: 10/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Massachusetts
Replied: 10/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Gregory Casale Attorney at Law
Yes they can. Your agreement was to pay them, not to send a check. If they haven't cashed the check, then they have not yet been paid. I understand this isn't your fault. You can ask them to pay whatever fees you incur for stop payment but I would advise that you stop payment on the first check and send them a new check certified mail. Why don't you seek the advice of the lawyer who represented you in the original case? I assume that you had a lawyer.
Answer Applies to: Massachusetts
Replied: 10/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Massachusetts
Replied: 10/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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