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Settlement claim after representation abandons client?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

asilo1

Junior Member
California.

I was in an accident where a car hit me on a bicycle and the driver was at fault. My lawyer made a demand to the insurance company, which they denied, and then she dropped me as a client. She made it clear I was no longer her client in a written letter.

A month later the insurance company reversed their previous denial and oddly enough offered a settlement. They made the offer in writing and addressed the offer to my old representation (I am currently without a lawyer). The offer letter references my claim and mentions me, incorrectly, as her client.

My old lawyer has contacted me, and although she was previously inattentive, would now like to know if I'd like to be her client again and settle this claim. Completely besides the point, but this would net me nothing after her fees, and my medical bills -- not even including my property damage.

Am I legally allowed to accept the offer on my own (i.e., without going through my old lawyer), although it was addressed to my previous representation?

Can the insurance company, which (in order to speak with me directly) has asked to see the letter where my old attorney said she will no longer represent me, retract said offer they made in writing if I now represent myself or find another lawyer?
 


Zigner

Senior Member, Non-Attorney
California.

I was in an accident where a car hit me on a bicycle and the driver was at fault. My lawyer made a demand to the insurance company, which they denied, and then she dropped me as a client. She made it clear I was no longer her client in a written letter.

A month later the insurance company reversed their previous denial and oddly enough offered a settlement. They made the offer in writing and addressed the offer to my old representation (I am currently without a lawyer). The offer letter references my claim and mentions me, incorrectly, as her client.

My old lawyer has contacted me, and although she was previously inattentive, would now like to know if I'd like to be her client again and settle this claim. Completely besides the point, but this would net me nothing after her fees, and my medical bills -- not even including my property damage.

Am I legally allowed to accept the offer on my own (i.e., without going through my old lawyer), although it was addressed to my previous representation?

Can the insurance company, which (in order to speak with me directly) has asked to see the letter where my old attorney said she will no longer represent me, retract said offer they made in writing if I now represent myself or find another lawyer?
They can retract the offer at any time prior to acceptance. Furthermore, the offer of a settlement has no bearing on any future legal actions.
 

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