Declining a Previously Accepted Settlement Offer

by Karen
(Baltimore, MD)

I was eating a bag of chips and it cracked my tooth. I called the vendor and advised them of this incident. I was asked a number of question which one was if I had dental ins. and the answer was yes. They sent me out a claim form for the dentist to fill out. After being seen at the dentist I sent the information to them.

After they reviewed the figures they called me and stated they will reimburse me the portion that i will be responsible for after the insurance portion which is $589.00 and the total bill is for $953.00 I stated ok.

After really thinking about the whole thing, and spoking with my spouse it really doesn't sit while with me. I don't think my ins. company should be responsible for any portion of this. All of this was a result to me eating a potato chip.

Now I don't want to accept this offer, but I already said ok. What is the best way for me to handle this (not to mention they are not even taking into consideration the time I missed from work). Can I get out of accepting the offer?

NOTICE: Any answer given here is NOT formal legal advice, it is general information about personal injury law. Charles does not represent you. If you submit a question, you agree not to rely on the information given without first consulting an attorney licensed in your state.

Answer:

If it's just a verbal acceptance, you can let them know that you changed your mind. Once you sign the release and put it in the mail you cannot rescind your acceptance.

However, if your insurance company is aware of the cause of this incident, they may seek reimbursement (subrogation) directly from the vendor.

Additionally, if it was just a verbal acceptance and you had lost wages, you can make a demand for that from the vendor.

Good luck,

Charles
New York Auto Accident Attorney

P.S. It's always best to get a free case review from a local injury attorney. Laws change from state to state. Only an attorney licensed in your state can give accurate answers to specific questions regarding your case.