Dear Safety,
Thank you for your question and I look forward to working on your answer. Also, it is important to know that I can only respond to your post and the information contained in it, as I do not know what you know, unless you describe it fully. Also, because you are at this site, you are asking me the question because you want the legal facts, as I see them, even if unfavorable to your situation from a legal perspective. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if I ask a redundant question.
That being said, if you would like me to work on an answer for you, and in order to better assist you, could you please clarify for me:
1. Are you the plaintiff?
I look forward to getting to work on this for you. Hang in there!
Sincerely,
S. Joy, Legal Expert
Please note: I do not provide legal advice, only legal information; I do notlegally represent any JA members, visitors or customers. We do not and will not enjoy an attorney/client relationship. Further communication with me here is an acceptance of this and any information provided by me is with the understanding that you comprehend this and agree.
A times there can be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. In addition, if it is late at night, EST, and we are between postings, I may go get some shut eye, but I'll be back the next day, so never fear. On Saturday, there will be greater gaps in time due to scheduling, for any needed follow up, but rest assured, by day's end it will be done.
Hi Safety,
First, it is not illegal of the carrier to pay this settlement, so she is full of it there. However, since the SOL is expired, and if she believes no settlement agreement was created prior to the expiration AND if the offer was revoked or only good for X amount of time, she may have an argument for not paying.
Here is where my concern lies:
You had the offer. You attemped to accept the offer, but you indicate you couldn't because the agent wasn't there. As a first point, never do these things verbally. You should have mailed your acceptance in writing, regular mail and certifed r.r.r. so no one could claim they never got your acceptance or that you never sent it. Now, if you did make the acceptance on the 'agents' voicemail, that may suffice as having been provided, but you don't mention.
If you didn't accept legally, at that time, you need to look at if you did subsequently at any time before the offer was revoked. Is there any indication that the offer was revoked? I.e. was it given to you in writing and did it say, "good til X date"? Let's say it didn't. And let's say, on 10/19 you finally are able to communicate your acceptance. If there was not revocation of that offer, just because the SOL ran, does not mean the defendant is not liable to you, it just means you may be barred by a motion to dismiss on the grounds of teh SOL if you sue in court. Moreover, if that offer was not rescinded by the insurance company or otherwise limited in duration to the 18th or earlier, your acceptance of the 19th could arguably have created a binding contract / settlement with the carrier.
Now, let's say you did not do anything after you couldn't personally reach the agent on or around the 8th. If you left a message to accept or told anyone there you were accepting, get your phone records to show you called, tending then to show you accepted. If the carrier blows you off, you will have to sue defendant and carrier for breach of that settlemen agreement you made when you arguably accepted. Let the carrier chew on that, for being such a witch :)
Hope this helps to clarify. If it does, please click ACCEPT and follow up if needed after you do so. This expert's credit proceeds go towards providing volunteer provisions for the disabled. Thank you for helping!
I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger, not your attorney, nor can I create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. ACCEPTING the Answer a so ensures I will be able to assist your with your future legal question. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of a new post. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. Thanks
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15+ Years of Legal Practice Experience: General, Soc Sec.Disability, Personal Injury, Divorce, etc.