Legal Question in Personal Injury in California
settlement offer in auto accident case
I was injured in a car accident. The other party's insurance limit was 50K. My attorney advised me it is best course to settle with 50K and offered the other party that we are ready to settle the case for policy limit demand. The other party's insurance company agreed to the settlement in 4 days. It is preparing paperwork to mail to us.
Now I feel we demanded very little and we should have let the person at fault make offer not us. Can I still ask my attorney to not settle and file a lawsuit? Is it legal to go back on an offer we made earlier but now that the party accepted we think it was too low.
Thanks
K
3 Answers from Attorneys
Re: settlement offer in auto accident case
If you not sign anything probably can retract, but will want to make sure the defendant has collectible assets before you make what might be a mistake. Ask your attorney for their asset investigation they did.
Re: settlement offer in auto accident case
Yes. Your attorney is taking the easy way out settling for policy limit if he has not - thoroughly investigated the income and assets of the other driver and thoroughly looked into determining if there is any viable predicate to hold another party liable, e.g. respondeat superior, negligent road maintenance, products liability, etc. You can put the brakes on the settlement. If you wish notify your attorney tomorrow of your decision.
Re: settlement offer in auto accident case
You may or may not be able to break your agreement to settle, depending upon whether it was confirmed in writing. More to the point is, that you can seldom get a defendant to contribute personally to the settlement above policy limits, and seldom collect anything if you do try to collect above policy limits. Listen to your attorney's answers.
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