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Was hit in auto accident ( other's fault)...her insurance co. offered me a settlement in writing....can they cancel offer??

Saint Augustine, FL |

Was hit in august 2012..other's fault. Her company made offer in October and then a new offer for more in February 2013. I have offer in writing.
I am still treating with my insurance comp....can her company ever take back the offer? Or can I wait to sign?
Thank you

Attorney Answers 8


  1. Best answer

    An offer can be withdrawn at any time before it is accepted. If you are still treating because of this accident, it really is too soon to contemplate settlement. Insurance companies like to have you settle quickly before you have completed treatment and known the full extent of your injuries. What if you are left with a permanent impairment once you finally complete treatment?

    You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. You can access my Legal Guides through my profile page.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.


  2. An offer can be withdrawn anytime before it is accepted. Is that likely to happen? Probably not, but there are no guarantees.

    The above is general advice regarding applicable state law. It does not create an attorney-client relationship in any specific case.


  3. An offer can be revoked at any time or under the law can expire within a reasonable time. However, it is likely that the offer will be there when you are certain that you know the extent of all of your injuries. It's a good idea to make sure that you know what your permanent injuries are before entering into any settlement. Once you release the defendant(s) you cannot come back and claim that your injuries are more extensive and you did not know.


  4. Agreed. It is like when you are buying a car. You extend an offer. Until they accept that offer and the contract is signed, you can take it back.


  5. I've heard of offers being revoked before; but the circumstances always seemed to involve a claimant who was not entirely forthcoming with all of the facts (even to his/her own attorney) from the beginning. The insurers have access to a lot of info about prior claims history; so, if you have skeletons in your closet, the insurer may very well yank your offer if/when they find out. But, if you've been on the up and up, then the offer will likely stand for awhile.

    Do you know the consequences of your legal situation on your Financial & Estate Plan? Dennis Phillips is an attorney and financial planner based in South Florida. He is a member of the Florida bar, he holds the nation-wide Series 65 Investment Advisor license, and holds an insurance license in Florida and Virginia. Disclaimer: The response above is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, would significantly alter the above response.


  6. It can be revoked before it is accepted. If you were injured, don't try to resolve this without a personal injury lawyer.


  7. Since you are still seeing a doctor i must assume you have injuries which may be permanent. I have seen countless instances where Insurance companies offer unrepresented people a fraction of what their claim is worth. In fact, often times less then what their out of pocket expenses will end up beeing. I strongly suggest speaking to an experienced lawyer before making any decision. If the injury or circumstances do not justify pursuing a claim, a reputable lawyer will advise you to take the money and will not charge you for their time. I suggest you avoid getting advice from the mass advertising lawyers.

    This answer is a public service and not an attempt to solicit business. Jonathan Groff’s practice is devoted to all aspects of personal injury litigation throughout Florida. He has a “10.0 Superb” rating from AVVO and is rated “AV Preeminent” by Martindale-Hubbell. However, this reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raise then I have set out in my brief reply. Further, unless your matter concerns Florida law, I am not licensed to practice or give specific legal advice in your state.


  8. In general, any offer can be withdrawn prior to acceptance. This can occur in any manner or via a time limit. If you make a counteroffer, the offer is deemed rejected and no longer on the table. If you rejected the offer, it is no longer on the table. Call a local car accident lawyer and give them the details.

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