Q: Can my settlement amount be lowered after I agree to an amount?
I was in a passenger in a minor car accident, and I suffered whiplash and back strain. I went to the hospitial that night and chiropractor following the suggestions of the doctor and to help alleviate pain. We were not at fault as we were rear-ended and at a complete stop. I am the last person to receive their settlement, but the insurance company finally had my bills and offered me a settlement, they explained that I would have around 800 taken for a lein by my car insurance company. I accepted the settlement and I waited 2 weeks to receive my check. It is almost half of what I agreed to, and when we called they claimed that my insurance wanted more so they removed it from my settlement. Is this legal? I haven't cashed the check and I won't until I get the amount I agreed to, or is it possible to file a lawsuit since I accepted a settlement, but they changed the amount?
A: It is really confusing to figure out what is going on and whether you still have a viable claim. Call and attorney and make an appointment to discuss this in person and bring all your documents including emails and text messages that show what was discussed and what was agreed to. It is an extremely bad idea to work your own auto insurance claim without the assistance of an experienced attorney. Insurance companies don't play fair.
A:
They can't make a deal and welch. You made a deal based upon the figures represented. If they had to change the deal they should have told you. Tell them you'll file a complaint with the insurance commissioner if they don't give you what you agreed to.
your other option--which you should have done before any of this--is to contact a member of the Oregon Assn for Justice--they give free consultations. As they've breached the agreement you can either hold them to the first one or re-do would be my take.
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