What are my rights regarding an insurance settlement if the insurance company did not fulfill their agreement with me?

UPDATED: Sep 30, 2022

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What are my rights regarding an insurance settlement if the insurance company did not fulfill their agreement with me?

I was hit by a distracted driver. The other driver was responsible. I was severely injured resulting in spinal cord surgery. The responsible party’s insurer said for 1 year that they were paying medical bills. During settlement, they said it was for my pain and suffering and to cover my out of pocket expenses. Months after settlement, my health care provider stated the insurance company did not pay 1 dime in that entire year. They had been lying to me all along. Now I owe almost $50,000. Yes, I have some correspondence confirming the conversations but since the settlement is done, what can I do? I was thinking to have a judge void my signature due to deceit. What can I do?

Asked on December 8, 2015 under Personal Injury, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If they did not do what the written settlement said, they are in breach of contract (a settlement is a contract) and you can sue them to enforce the terms of the settlement. If they did what the written settlement said, then they fulfilled their obligation, and it does not matter if you had a different understanding--you are obligated to the written terms, and the law presumes that you read, understood, and agreed to anything you signed.

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