We went to mediation, I feel the amount is very low to compensate my injuries. It's been 4 years since my auto accident of being double rear ended while at a complete stop. My no fault carrier just denied my children's chiro bills and have asked us all to be evaluated by independent providers. My fear is I sign off on this settlement, my carrier forces arbitration, and medical bills do not get paid. So rather than take a chance with 1 person at arbitration I want to go to trial. Can I send their settlement check and release documents back and pursue a trial?
As long as you have not signed the settlement agreement and have not cashed the check, yes, you may refuse the offer. You do not really have to send back anything to them but just inform them that you do not accept the offer. And yes, you can pursue in court. However, at this phase I strongly recommend that you do retain an attorney.
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