When Does an Insurance Settlement Offer Become a Binding Agreement?

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Dealing with insurance companies is often the first legal issue that needs to be managed following a car accident. While many cases are amicably resolved with insurers without the need for litigation, accident victims always need to tread carefully lest they inadvertently sign away their legal rights. As a recent Georgia Court of Appeals decision illustrates, when you propose to settle a case you must be prepared to live with the consequences.

Partain v. Pitts

The plaintiff and defendant in this case were drivers involved in a car accident. The plaintiff sued the defendant, alleging the latter’s negligence caused the accident and the plaintiff’s resulting injuries. Four days after filing suit, the plaintiff’s attorney sent a settlement letter to the claims adjuster for the defendant’s car insurance carrier. The letter said the plaintiff would agree to sign a limited liability release in exchange for $50,000, which was the coverage limit of the defendant’s insurance policy. The letter further said the offer would only remain good for two weeks, and the plaintiff’s attorney had to receive a check by the deadline, otherwise the settlement offer was rescinded.

A few days later, the defendant’s attorney informed the plaintiff’s attorney that the insurer would accept the settlement offer. A check was made out to the plaintiff, her husband, and their attorney. This did not technically comply with the terms of the settlement letter, which said the check should be made out only to the plaintiff and her attorney. Additionally, a letter from the claims adjuster to the defendant’s attorney was mistakenly delivered to the plaintiff’s attorney.

The plaintiff took these two errors as evidence that the defendant intended to make a “counter-offer” and had therefore rejected the original settlement offer, even after the defendant’s insurer issued a revised check in the correct form. The defendant insisted she had agreed to the plaintiff’s terms, thereby forming a binding settlement agreement. When the plaintiff balked at this, the defendant asked the court to enforce the deal.

The trial court agreed with the defendant that the parties had not “reached a binding settlement agreement.” But the Court of Appeals reversed. The appeals court noted the defendant complied with the essential terms of the plaintiff’s offer—a check made out to the defendant and her attorney for $50,000 was delivered before the expiration of the two-week deadline. The fact that an “non-conforming” check was delivered first did not, in and of itself, constitute a rejection and counter-offer. Once the plaintiff received the correct check, “a binding contract was then formed,” according to the court.

The appeals court further said the plaintiff could not use any information from the private communication between defense counsel and the insurance adjuster that was accidentally disclosed to the plaintiff’s attorney. Since the letter was never meant for the plaintiff, nothing contained therein could “be considered a communication imposing additional conditions on the [plaintiff’s] offer.” In any event, the letter was a privileged attorney-client communication, and said privilege “is not lost” under these circumstances.

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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