Lawyer pocketed settlement $ - will not reimburse my ins co.

[nuggets]

What is the name of your state? California
The attorney received an advance payment for med services from my ins co. Policy states that 2/3 of the amount be reimbursed to the ins co. after settlement w/ a third party. Lawyer settled, received check, deducted the amount to be reimbursed, but never sent a sufficient amount to the ins co. They couldn't collect from him, so I ended up paying the $700 that was short. Lawyer has pocketed the $, won't cough it up to me or the ins co. Could I recover this amount from the lawyer, and if so, how?

Thanks,
Angel.

 

[I AM ALWAYS LIABLE]

What is the name of your state? California
The attorney received an advance payment for med services from my ins co. Policy states that 2/3 of the amount be reimbursed to the ins co. after settlement w/ a third party. Lawyer settled, received check, deducted the amount to be reimbursed, but never sent a sufficient amount to the ins co. They couldn't collect from him, so I ended up paying the $700 that was short. Lawyer has pocketed the $, won't cough it up to me or the ins co. Could I recover this amount from the lawyer, and if so, how?

Thanks,
Angel.

My response:

The only thing I can think of is that the settlement amount was not sufficient to pay all of your damages after costs and attorney's fees were deducted. If that's the case, and you agreed to the settlement amount, then your attorney is entitled to his contractual fees and costs, without regard to your insurance problem, and you're the one "on the hook" to repay your insurance company.

IAAL

 

[nuggets]

The amount of the settlement was in excess of the medical payments. The lawyer deducted the amount to be reimbursed before calculating his 49% share.