Auto Insurance Claims: Car accident, juris doctor, certified mail


Question
Hello.  I was involved in a car accident with my then boyfriend, who was the driver.  I was the passenger.  We got rear ended.  My then boyfriend got money for the damages and such through his lawyer.  It so happens that the lawyer handed him the money that was meant for me, he kept 75% of it.  And gave me 25%.  After my suspicions, I called the lawyer and found out that he did not give me the right amount.  What should i do?  She should have never given him something that was not meant for him.  THe laywer told me that he had given her his word that he would make sure i got all the money.  

Answer
Dear Kim,

It seems that the lawyer had a duty to get the money to you.  She breached this duty when she handed the money to the boyfriend.  Wasn't this in the form of a check?  What did she do, just make out the one check?  

I would make the written claim to her to repay the lost money.  Send it via certified mail and give her a short time to come up with it.

Then contact your state bar association http://www.settlementcentral.com/links.php
and find out what forms of relief they recommend.  

One thing I would do is consider making a claim directly against the attorney.  She has malpractice insurance that will cover her loss, less her deductible.

I would not make a formal bar association complaint unless all else fails.  

Best wishes,

Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com