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Can I retract acceptance of insurance company's settlement offer for a personal injury claim?

Lake Elsinore, CA |

At the mediation hearing the insurance company made an offer for an auto injury claim. I declined to accept it.

My regular physician said I need surgery for my back injury and referred me to a neurosurgeon for a medical evaluation. I am waiting for my HMO insurance to approve the referral. My attorney stated he will need documentation “now” from a neurosurgeon stating I need surgery and $5000 for expert witnesses before preparing to take the case to trial which is in 3 months.

It will take weeks to get the referral, and see the neurosurgeon. Since I don’t have the documentation from a neurosurgeon showing I need surgery now. I told my attorney to go ahead and accept the offer from the insurance company. Can I retract accepting the offer? I have not signed anything yet? Thank you.

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Attorney answers 3


You are represented by an attorney to no reputable attorney online should interfere in your attorney client relationship. Ask your lawyer. He is far more familiar with the situation than anyone here that reads your six sentence post.


You definitely have to talk this over with your attorney ASAP. Given you need for surgery, it may warrant the adjournment of your upcoming trial.



A continuance will buy time though, and it's very inexpensive for the attorney to ask for one. I would go that route.


As the other answers indicate, you should go over these issues with your attorney. Perhaps a continuance of the trial is in order due to the potential surgery. You would probably have to have the surgery scheduled to get the continuance. Normally, a settlement is not finalized until you sign the release or some document confirming the settlement or put the settlement on record in a court of law.

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