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nayb0063 · Feb 1, 2011, 03:13 AM

Hi I'm 23 and back when I was seven years old I was hit by a car... my foster mother at the time settled my case out of court... after being placed back into my biological moms care... my lawyer that my mom hired specifically for the case contacted the insurance company on many occasions... specifically stating DO NOT SEND THE SETTLEMENT MONEY TO HER FOSTER MOTHERS ADDRESS... with that my lawyer included my mothers name address and contact information along with his... years later I called to check the status of my money because I was supposed to receive my first check at the age of eighteen... I was told that all of my money was paid out already... my lawyer and I did some digging... we found out that my foster mother forged my signature on my checks and deposited them into her bank of america account... we took proper action and she is currently paying me back little by little... but now my lawyer is trying to file a claim against the insurance company for issuing the checks to her address after he sent notices of the specification I mentioned before... im just wondering if I have a chance at a good case or no?

joypulv · Feb 1, 2011, 04:03 AM

Only your lawyer knows enough details to answer this.
If you are paying him on a contingency basis, he must be assuming that you will win.

ScottGem · Feb 1, 2011, 04:12 AM

If it can be proven that the insurance company was properly informed then he most certainly would have a case. In the case where you collect from the insurer, they will probably go after the former foster mother who would then have to reimburse them and stop paying you. But at least you would have your money up front.