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How do your appeal a notice of attorney lien?
Anonymous6 views9 answers
Someone else was driving my vehicle and as they were backing up this guy decided to walk behind the vehicle while it was in motion. The vehicle barely touch but of course he fell to the ground appearing as if he was very injured. The police came look at the store video tape and could clearly see that this guy was out to get some money from somebody. Long story short now I receive this notice of attorney lien from his lawyer.
tephen Laurence HoffmanPersonal Injury LawyerChicago, IL ·
You don't "appeal" a notice of attorney's lien.
This is your car so you are responsible for whatever happens as long as the person driving it had your permission to drive it. If that is the case, your insurance will cover the loss and defend you if needed.
REPORT IT TO YOUR CARRIER ASAP. That is about all you should do at this point.
Turn it over to your insurance company. It is unlikely you will be held responsible if you were not driving and the driver was not you "agent". Let the insurance company handle it, that's what they do.
You cannot "appeal" an attorney lien. Simply forward it to your insurance. If the man has no injuries that can be attributed to the fall, he will not recover. If he walked in back of a moving vehicle without paying attention, he has contributory negligence. If you need an attorney, your insurance company will hire one.
Even if this guy was faking an injury, you need to take it seriously. Just turn the attorney's lien over to your auto insurance carrier and tell them what happened. Your insurance company will investigate everything. Every insurance company has a fraud unit that investigates these types of incidents. If you don't turn this over to your insurance carrier immediately, they could deny coverage because you did not give them timely notice of the claim.
There is nothing about a lien letter to appeal. The letter puts you on notice that the attorney is representing the plaintiff and is claiming an interest in any damages that the plaintiff my recover from you. That probably means that the attorney is going to represent the plaintiff on a contingent fee, and will receive a percentage of any amount that may be recovered. Fine. Nothing to appeal about that. What you do is, you fight the case if you do not think that the plaintiff is entitled to damages. If you have insurance, as you not only should as a sensible driver but which you are required to have under state law, turn the lien letter over to your auto insurance company. The insurance company has a duty under the policy to provide you with a defense and to pay any damages up to the policy limit. This should be the insurer's worry more than yours.
What you received is a notice that a lawfirm is representing a party who may file a claim against you. You need to send the letter of representation and attorney's lien to your auto insurance carrier asap.