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Asad Rahman
Asad Rahman, Lawyer
Category: Legal
Satisfied Customers: 2134
Experience:  Practicing Attorney with 10 years experience
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Settlement negotiations; I originally asked gm twice through

Customer Question

settlement negotiations; I originally asked gm twice for 15k through executive offices but was denied. I then filed a small claims suite against gm for 10k(max I could ask for). Gm wanted to settle. I said no less than 7.5k. They agreed and produced the contact. Upon me doing more research on the steering column issue(in which the suite pertains to) and reading the contact, they include some charges I didn't consider, and I now want to increase my claim to the regular 10k.
1) can I change my negotiation amount even though I already wrote "I agree"with the settlement amount?
2) under what law or verbiage can I do so?
3) what do you think they will do?
4) how much would it cost them to goto small claims court?
I'm asking all these questions to form a counter letter. Please provide any other info you think would benefit me.
Thank you
Submitted: 1 year ago.
Category: Legal
Expert:  Phillips Esq. replied 1 year ago.

I am sorry, but I do not understand your post.

Kindly review, edit, properly identify the parties and your issues, ask specific question(s), and resubmit.

Thank you for your cooperation,

Customer: replied 1 year ago.
I thought I was pretty specific. There are even numbered questions identified.This is a case regarding GM and me.
The case is based on my automobile that has a steering column default, and caused me to get into an accident, without injury.
My first steps to sue GM were contacting the executive offices via letter. Twice, I demanded an amount, of 15k but was denied. I then filed a small claims suite against gm for 10k which was the max I could ask for. Gm contacted me via email and wanted to settle. I said I would settle for no less than 7.5k. They agreed and produced the contract for me to sign.In the contract, GM included some charges such as neglect, that I failed to consider when i presented the settlement amount. Now I want to increase my claim to the regular 10k.1) Can I increase the settlement amount I'm asking for, even though I already wrote via email "I agree" to the 10k?
If so,
2) Under what law or verbiage can I do #1?
3) Do you think they will accept or proceed to small claims court?
4) How much would it cost them to goto small claims court?
I'm asking all these questions so I can prepare a counter letter to GM.Please provide any other info you think would benefit me.
Thank you
Expert:  Phillips Esq. replied 1 year ago.

Thank you for the information. I will open up your post to other Attorneys.

Expert:  Asad Rahman replied 1 year ago.

Can Inask if you signed the settlement agreement ?

Customer: replied 1 year ago.
I agreed in the email, but haven't signed the contract agreement yet.
Expert:  Asad Rahman replied 1 year ago.

1) Yes, you can continue to negotiate if the settlement has not been signed.

2) Your argument is that new facts came to light that you did not factor in when you initially evaluated the situation.

3) I think they most likely will accept your increase of $2500 or meet you half way just to put an end to this.

4) Just their cost of filing fees and their attorney fees.

I will tell you I think if you had not chosen the small claims court route, you might have been able to recover even more.

Customer: replied 1 year ago.
Thank you
Expert:  Asad Rahman replied 1 year ago.

Good luck to you. A positive rating would be appreciated