I signed settlement letter and feel I was given false information

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I signed settlement letter and feel I was given false information

I was rear-ended and suffered minor injuries. Did not seek legal counsel at first, my mistake,recently signed my settlement release form unknowing the amount of the medical bills. Had I known that the medical bills would have been taken out of the over all amount I would have never agreed. The amount I was left with doesn’t even amount to my lost wages, which the insurance company was aware of. There was barely verbal communication, mostly all through emails. The only way this was brought to my attention was when I received a notice of a funds transfer to my bank in a very low amount. I immediately contacted the adjuster and asked to speak with a supervisor. He never had a verbal conversation with me about the amount or anything. I am feeling horrible right now and don’t even know if anything can be done but what else do I have to lose.

Asked on December 22, 2016 under Accident Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

False information is an affirmative lie made before you signed the agreement--for example, if the insurer told you that medical bills would not be taken out, when clearly, that was untrue. However, there is no duty or legal obligation on them to discuss or disclose everything about how the settlement works to you...the law does not make them look out for your interests in that way. Instead, the duty is on *you* to get legal or accounting advice (as applicable), to ask questions of them (which they then would have to answer honestly), and to otherwise make sure you understand what you are signing. Indeed, the law presumes that you *do* understand and agree to what you signed. So if the problem is that you did not make sure you understood the settlement, there is no recourse for you; only if you were actively or affirmatively lied to, would you have recourse. If you were actively or affirmatively lied to, then that may be fraud, and fraud would provide grounds to void (undo) the settlement and/or seek monetary compensation. (You would have to sue to do these things, if they will not voluntarily do them.)


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