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 speaking with my spouse, it really doesn't sit well with me. I don't think my insurance 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?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Declining a Previously Accepted Settlement Offer":

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.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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