QUESTION
Havent received settlement check
Asked on Feb 04th, 2020 on Automobile Accidents - New York
More details to this question:
Hi i signed a release form and accepted the settlement offer. I signed it on october 27 and it is now February 4. Everytime i call they tell me that they are waiting for the insurance company to send a letter confirming that i do not owe any liens. They called and said i already don’t but still cannot release the check. I’ve been waiting for more than a 100 days. Am i get scammed? Will i get interest ? How can i handle this situation ? Thank you
1 ANSWER
Automobile Accidents Attorney serving New York, NY
Partner at
Kramer, Dunleavy & Ratchik, PLLC
4 Awards
The Release you signed should have held the defendant and insurance carrier harmless for any liens, including any Medicare liens. Assuming it did, the insurance company had twenty-one (21) days in which to make payment from the date it received the settlement papers. If the insurance carrier has no basis to withhold the settlement proceeds from you, your attorney can attempt to enter judgment against the defendant. Such a judgment would include interest from the date the money was due. Usually the filing of a proposed judgment is enough to get the insurance company to make payment.
Hope this helps.
Jonathan R. Ratchik
Kramer, Dunleavy & Ratchik, PLLC
61 Broadway, Suite 2220
New York, NY 10006
(212) 226-6662
Answered on Feb 10th, 2020 at 2:15 PM