My attorney received settlement offer from car insurance company. If my lawyer submits the counteroffer or our higher offer, but insurance company rejects it after some time. Does it mean that their first offer not on the table anymore and I will lose their first offer?
While I cannot give you legal advice in this forum, technically - yes. The counter-offer is a rejection of the first offer. However, as a practical matter, most insurance companies will still agree to settle based on the first offer regardless of the counter-offer.
THIS RESPONSE IS INTENDED TO CONVEY GENERAL INFORMATION ONLY. IT SHOULD NOT BE RELIED UPON OR TAKEN AS LEGAL ADVICE. FURTHER, THIS RESPONSE IS NOT INTENDED TO AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
Since you are represented by an attorney you need to ask him/her this question because we cannot give you legal advice.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
Any time an offer has been rejected, as you have done, the offeror can withdraw the prior offer, although this, as a practical matter, does not occur very often. Your attorney is in the best position to answer your question. Give him or her a call.
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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.
Yes. The insurance company made you a legal offer. When an offer is made, and prior to it being withdrawn, you have a few options: (1) accept; (2) reject; or (3) counter. But, under the law, the your counter offer is seen as a rejection and therefore its off the table. However, practically speaking, many times insurance companies will allow you to accept their offer. You need to speak with your attorney to discuss the best approach.
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