Visitor Question

Slip and Fall Insurance Settlement Offer Taken Back?

Submitted By: Angela (Summerville, SC)

I fell recently at a store due to something on the floor unseen and there weren’t any signs out. After filing my claim an offer was made to me.

Then once the adjuster received my medical bills they called me back with only half of the amount previously offered. They felt the amount of my medical bills wasn’t high enough.

Can they make an offer and then take it back?

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 Angela,

Angela:

Normally once an offer is made and you accept, the offer is binding. If someone employed by the store had the executive authority to make you an offer and you accepted, then a contract has been made and you should be entitled to the amount offered.

To be a valid and effective offer and acceptance the agreement should be in writing. (Although there are circumstances where a written agreement would not be necessary.)

To summarize, for the amount of money they offered to be binding the following should have occurred:

1. You were injured and a person with executive authority made a financial offer of settlement of a certain and specific amount; and

2. You formally accepted that amount.

If the above criteria were not met then the adjuster’s settlement offer might be legally permissible.

You mentioned that the adjuster only offered you half the amount of your medical bills because “They felt the amount of (your) medical bills wasn’t high enough”. That is somewhat confusing. Normally the adjuster will offer an amount less than the total medical bills when she determines the medical bills were too high for the type and degree of injury you sustained.

Your last resort is to file suit in Small Claims Court.

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: March 14, 2011

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