Additional Information:
I was in a serious auto accident in Worcester area. My physician recently said I need surgery for my back injury and referred me to a neurosurgeon for a medical evaluation. I am waiting for my HMO insurance to approve the referral to see the neurologist. I originally declined the settlement offer from the insurance company but recently verbally accepted it as it could take weeks to get the referral and appointment with the neurologist. I think I should hire a personal injury attorney, can I retract accepting the offer? I have not signed anything yet.
Attorney Answer:
Whether or not you can retract your acceptance is going to depend on how the original offer was worded. If the original offer from the insurance company was still open at the time you accepted the settlement, then you may not be able to retract, you would have to get in touch with a lawyer. However, if the offer closed when you originally rejected it, then you may be able to retract your current verbal acceptance, as long as the insurance company hasn’t accepted your agreement to the settlement or done anything in reliance on your acceptance. You should gather all information your insurance company has provided you with and consult an attorney before moving forward. There are a number of factors that could influence what your next step should be, and without looking closely at the wording of the offer and the terms of acceptance, retracting your agreement could leave you in breach of contract.
