What if I Agreed to a Car Crash Settlement Before Calling a Lawyer?
Jeffrey A. Pitman · September 30, 2022
Jeffrey A. Pitman
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Injured victims who try to handle a car crash claim without legal help may end up feeling overwhelmed and being under-compensated. One prime example of how this could happen is if a crash victim verbally accepts a settlement offer before speaking with an attorney.
Are verbal agreements to a settlement legally binding? Can crash victims still negotiate for more compensation after verbally accepting an offer?
Below, PKSD explains more about what can happen if you verbally accept a settlement offer. Need legal help now? If so, we recommend contacting our law offices today to learn more.
Your initial case review is completely free. If we represent you, we are ready to fight for the maximum possible compensation on your behalf. However, you pay us nothing up front or while we work on your case. We only get paid if you do.
Is Verbal Acceptance of a Car Crash Settlement Binding?
In Wisconsin, a verbal agreement may be binding, however, it depends on the circumstances.
Insurance companies often seek out injured victims after a car crash claim and try to get them to verbally accept a quick settlement offer. Victims are vulnerable after being injured in a crash and are also often worried about the financial costs involved. This situation makes it easier for the insurance company to convince victims to take an offer. Once victims verbally accept a settlement, you can bet the official paperwork is not far behind. The insurance company will want to make sure it becomes legally binding.
That said, a verbal agreement may not always be enforceable, and a lawyer may be able to help.
Was the Conversation Recorded?
If the insurance company recorded the conversation, it could work for you or against you. The insurance company could use it as proof that you agreed to the offer and accepted it willingly. However, an attorney may be able to dispute this argument. For instance, he or she may be able to prove you were intimidated in some way or did not fully understand what you were agreeing to.
Can a Lawyer Help if You Verbally Accepted a Settlement?
Depending on how the agreement came about, our experienced auto accident lawyers in Milwaukee may be able to rescind the offer on your behalf. However, time is limited, so it is important that you act quickly and contact our law offices right away.
What if You Signed the Settlement Agreement?
If you already signed the agreement, there may not be anything your attorney can do. However, there are rare exceptions to this, such as if:
The insurance company acted in bad faith – this could help your case but is hard to prove
There were other parties involved in the crash – which could mean additional claims
What You Should Know Before Accepting a Settlement Offer
The most critical fact crash victims should understand is that regardless of what the insurance company says, you do not have to accept their first offer. Some other truths you should know before accepting any car crash settlement include:
The first offer will not be the only offer you will receive
Rejecting the first offer will not damage your ability to recover
Any quick offer to settle will not be for the full value of your claim
Insurers want to lock-down a quick and low settlement before you seek legal help
You do not have to agree to a recorded statement before talking to a lawyer
Calling a lawyer immediately after your crash helps protect your legal interests. This includes your right to recover full compensation for damages you did not cause.
What is the Minimum All Car Crash Settlements Should Include?
There are certain factors that car crash victims should expect to see in any reasonable settlement offer. Unfortunately, insurers bank on injured victims not knowing these factors.
For instance, the insurance company’s offer cannot begin to fully cover your damages if it does not include:
Your medical expenses – if you have not fully recovered, then these costs are still unknown
Lost wages – Victims recovering in the hospital at home are still losing work income
Future earnings – Victims who suffer any level of disability may not be able to return to work
Property damages – A quick offer should include vehicle repairs and diminished value
Pain and suffering – Fair value of these damages can only be determined by an attorney
Before you verbally accept a settlement offer, it is critical that you contact a licensed attorney to ensure the protection of your rights and legal interests. If another driver’s negligence caused your damages in a crash, you should not be on the hook for the damages.
Call Our Firm for Answers to Your Legal Questions
Trying to figure out whether a settlement offer is fair or not is difficult for a crash victim. Those who seek the help of a qualified attorney often recover far more compensation than those who do not.
At PKSD, we understand the complexity of car crash cases. We also know how to accurately calculate the full value of a claim. If you have already verbally agreed to a settlement, we strongly recommend you contact our law firm right away to discuss your situation.
We offer a completely free case review at no risk to you. If you choose to hire our services, there are no upfront costs and also no fees throughout the legal process. We only get paid if we win compensation for you.
Call our law offices anytime, night or day, to get started. 414-333-3333
If you or a loved one has been seriously injured, please fill out the form below or call us at (414) 333-3333.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Jeffery A. Pitman, who has more than 28 years of legal experience and handled thousands of personal injury cases while obtaining millions of dollars in verdicts and settlements in Wisconsin.
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