Legal Question in Personal Injury in Texas

I was invovled in a car accident in March at fault of another driver. I had soft tissue injuries to my neck/back and went to a physician for medical treatment and medication. The other drivers insurance company has admitted fault of their driver. They paid for repairs of my vehicle and a rental car directly. They called me last week and offered a settlement amount for my injuries and a release of further claims against their driver. I asked them to send me the settlement agreement. Upon receipt of the settlement agreement paperwork, I noticed that the settlement amount was for more than what I was offered over the phone. I signed and notorized the agreement and returned it to the insurance company per their instructions. They are now contacting me to notify me that the settlement agreement that they sent me was incorrect and they will be sending me one for a lower amount of money. Are they bound to stick by the terms of the original documented and signed agreement?


Asked on 6/22/10, 1:36 pm

2 Answers from Attorneys

Parker Polan Briggle & Polan, PLLC

Whatever price you agreed to was probably too low. Insurance companies are sneaky like that. You need to speak with a lawyer about this. It sounds like you have a claim for breach of contract. I would be happy to discuss this with you; feel free to call me.

Parker Polan

512-751-0680

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Answered on 6/22/10, 4:48 pm
Jason Kipness Kipness Law Firm

You have a breach on contract claim.

DO NOT DO THIS WITHOUT A LAWYER

You should not give a statement, give access to your medical information or sign any insurance company forms without speaking to a lawyer.

The insurance company is not your friend and is not concerned with your injuries and pain.

Their goal is to make $ by paying as little as possible on the claim. They will frustrate by you by delaying payment, giving you a low offer, or denying claim hoping you will get mad and go away.

I should know because I worked as a lawyer for insurance companies for 10 years.

You may make a claim to recover: (1) medical bills; (2) lost wages; (3) compensation for pain, impairment, and disfigurement.

I would be more than happy to talk with you about the accident. I can be reached at (214) 800-3454. We handle cases all over Texas.

Please visit www.kiplawfirm.com below for free videos and information about Texas car accidents. You can also send a confidential e-mail to my website at www.kiplawfirm.com.

Sincerely,

Jason Kipness

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Answered on 6/22/10, 6:33 pm


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