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My NF auto PIP claim has been filed for arbitration. The Insurance company attorney made a settlement offer which I accepted.

Minneapolis, MN |
Filed under: Arbitration

The next day the insurance attorney lowered the offer, stating the claims adjuster had authority over her to settle.
If I had already accepted her offer, can they counter their own offer?

I am not attorney repped as the NF threshold has not been met. This claim is a $3200.00 medical claim. Attorney Rep would cost more than the value of the claim. ( Attorney % and expenses). I have no priors, no injuries, no treatment to the affected areas of this loss, in which I was struck from behind by two cars in stopped traffic during a rush hour winter storm.. They were both ticketed by police. I just want my medical expenses paid, ( and Arbitration fees) as they were incurred within the six month NF statute. I appreciate your answers.

Attorney Answers 4


  1. Whether a contract had been formed involves multiple elements. Assuming you were represented by an attorney at the time, talk with her/him so she/he can provide you with counsel. Otherwise, we avvo attorneys are available.

    MINNEAPOLIS/ST. PAUL/ST CLOUD/OUTLYING METRO. Do seek legal counsel for your personal legal issues and needs. This post is not legal advice and does not create an attorney-client relationship. This post is to be considered general information which may or may not apply to your personal situation.


  2. Typically, once an offer has been extended and accepted, there should be additional movement on the terms of the settlement. With MN No Fault arbitrations, there are some additional expenses that may be owed to the American Arbitration Association, such as: if the arbitrator has been appointed, a $50 fee is owed; if the arbitration is scheduled to be heard w/in 24 hours of settlement, a $300 fee is owed. Sometimes these fees aren't discussed at the time of the settlement, which could change the end amount of money you receive.

    If you are represented, contact your attorney about this issue. I you are not represented, contact a local personal injury attorney to discuss your options.

    My Standard Disclaimer: this general information does not constitute legal advice, and does not establish an attorney-client relationship. Consult with an attorney regarding your specific situation prior to taking any actions or making any omissions.


  3. Generally an attorney would have the authority to bind his client. Whether that is the case here is hard to say. You likely would be well served by retaining an attorney.

    By the very nature of Avvo, you have only provided limited facts and no documentation, therefore, our response to your question is treated only as a hypothetical, and as such it is merely general in nature. You should not rely on this response in taking or forgoing action in your circumstances without discussing this matter with an attorney. If we had the opportunity to ask you sufficient questions and review relevant documents so that we were satisfied we had all of the relevant facts and circumstances, our response might differ significantly. Without the opportunity to ask you questions, and review all relevant documents and memoranda, we are simply unable to provide any form of legal advice. Our response to your question does not create any attorney-client relationship between us, and we are not acting as your attorney. We reserve the right to decline representation in any case. By answering your question, we are under no obligation to answer further questions. There are very specific deadlines for filing a lawsuit, replying to a lawsuit filed against you, or taking other action in order to preserve your legal rights. You should contact an attorney immediately in order to be fully advised of your rights, and so that you are aware of those deadlines. If you fail to act within the required time frame, you might be forever barred from asserting your rights or defending your position. The attorney answering this question is licensed in Illinois and Iowa only.


  4. The bigger issue is whether you should settle this no fault claim at all at this point. If you want to keep treating for your injuries (or if you think there is a chance that you will down the road) then you may want to think twice about settling the NF claim. You would typically be asked to execute a release of all future NF claims as part of a settlement - and you may need those benefits in the future. Perhaps the insurance company changing positions on the settlement offer will turn out to be for the best because it will give you the opportunity to reconsider settling the NF claim at all.
    Even though a threshold is not met right now, I would encourage you to hire a personal injury attorney to handle both your NF dispute and the claim against the at fault driver. Since you will pay that attorney a percentage of what is recovered, you are not at risk for losing money by getting the assistance of a professional.

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