Visitor Question

Rear End Car Accident Payoff…

Submitted By: Lynn (New Port Richey, FL USA)

I was in a rear end car accident in March 2010, the other driver was at fault. The insurance company offered (since the car was old) to salvage it and they would pay us $1,700, my husband said he would think about it (several more negotiations and they stayed firm with the $1,700).

My question being it has been 10 months and now we want to take them up on their offer (I’m sure they will probably offer less due to the car age getting older) can we still get this payoff?

Has it been too long, he never rejected the offer just told them he did not agree w/terms and would think about it.

Of course 10 months later he has thought about it and wants to settle for the value of the car. Has time run out? Thank you!!

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Lynn,

As long as the statute of limitations for your claim has not run out, it is not too late to settle. In addition, insurance companies rarely reduce offers that are on the table as a result of time. If they have not, in any way, rescinded the previous offer in writing, you can assume that the $1,700 is still on the table.

A simple letter to them accepting their offer should serve as a binding agreement between the parties. So, unless you have received something in writing since you got the $1,700 offer, assume that it is still available.

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

Best of luck,

Published: January 13, 2011

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