Insurance Company Settlement Offer Rejected Due to Restricted Check

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There is a common scenario that plays out following an auto accident. First, the injured driver sends a demand letter to the negligent driver’s insurance company, offering to settle for the limits of the latter’s policy. Next, the insurance company either accepts the offer unconditionally–usually by sending a check–or makes a counter-offer. A counter-offer constitutes a rejection of the original offer, so there is no agreement. But if the insurer does send the check, that is often enough to create a binding settlement, which the insurer and its insured may seek to enforce in court.

Claxton v. Adams

What if the insurance company sends a check, but it cannot be cashed right away? Is there still a binding settlement? Not according to a recent decision from the Georgia Court of Appeals.

The case before the appellate court, Claxton v. Adams, involved what appears to have been an open-and-shut case of negligence. In May 2016, the defendant struck and seriously injured the plaintiff while the latter was working in a construction zone. Police later cited the defendant for “reckless driving” and other traffic offenses in connection with the accident.

A few months after the accident, the plaintiff filed a personal injury lawsuit against the defendant, seeking damages in excess of $585,000. The plaintiff’s personal injury lawyer also sent the defendant’s auto insurance company a time-limited demand letter. Basically, the plaintiff would agree to a release of his “personal injury claims” in exchange for a $50,000 check, which was the liability limit of the defendant’s policy.

The insurer replied by sending what the plaintiff’s attorney described as a $50,000 “instrument” rather than a check. The attorney attempted to cash the draft but was told by the bank that it had to be deposited in a restricted account. And since $50,000 exceeded the “pre-set limit” on this account, it would take up to nine business days for the plaintiff to actually receive his money.

For this and other reasons, the plaintiff regarded the draft as a counter-offer rather than an unconditional acceptance of his settlement offer. The defendant then asked the trial court to enforce what he considered a binding settlement agreement. Both the trial judge and the Court of Appeals declined to do so.

In addition to the problem with the form of the check described above, the Court of Appeals also pointed to the fact the defense tried to modify the proposed terms of the limited release offered by the plaintiff. The plaintiff said he would only release his “personal injury” claims, as opposed to a “full and final release” of all potential legal claims. This was, in part, because the plaintiff believed he might have a claim under his own uninsured motorist policy. Yet in its reply, the defendant’s insurance company said it understood the plaintiff as offering a release of “any and all claims.” Again, the Court of Appeals said this was clearly a counter-offer, not an acceptance of the plaintiff’s original offer.

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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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