If The Insurance Company Offers Settlement Right Away?
What to do if an Insurance Company offers a “Quick Settlement”
If The Insurance Company Offers Settlement Right Away? They send you a check. You then . . . . The answer given by most Baltimore injury and accident lawyers is simple: You should send that check back.
Statutory Protections for Injured Parties in Baltimore Cases
Maryland law provides safeguards for individuals who have sustained personal injuries from a tort, particularly in the early aftermath of an incident when they may be injured, under enormous pressure, and without legal representation.
If an injured person is contacted by an insurance company representative, and signs a release of claims within 30 days of the injury without legal guidance, they have the right to void the agreement within 60 days of signing it.
To effectively void the release, the injured party must provide written notice and return any money received from the settlement. Once the notice is mailed, the release becomes void as of that date. Proof should be kept.
This statutory provision likewise prohibits parties “whose interests may be adverse to the injured person” from contacting that individual to negotiate a settlement or obtain a release or statement within 15 days of the injury, if the injured person is hospitalized or in a sanitarium. Here, you can substitute “insurance company” for whose interests may be adverse to the injured person”. During this initial period of medical confinement, any attempt to settle or gather statements from the patient is forbidden. Furthermore, any settlement agreement or release obtained in violation of the 15-day hospital restriction cannot be used as evidence in court or for any legal purpose related to the injury. This provision ensures that any improper early settlement attempts will not prejudice the injured party later.
These rules are designed to prevent coercion, protect the injured from premature agreements, preserve their right to full compensation, an make sure that an injured person who wants the assistance of a personal injury attorney has the time, and the right, to exercise their decision to retain counsel in what may be one of the most significant event of their lives.
Attorney Eric T. Kirk will tell you.
Transcript
The answer is you don’t take it. In a personal injury case, it’s just not possible to fully assess the nature and extent of an injury after a few hours or a few days. It might actually be an unfair claims practice or potentially even an illegal act for an insurance company to offer you money within a given time period after an accident. My standard advice in these situations is, seek the guidance of an experienced lawyer to look at all of the factors that go into the value of a case and then make an informed decision after you’ve had a chance to seek counsel.
I hope this addressed your question. Over the course of 30 years, I’ve found that fully addressing a legal question is best handled in a one-on-one strategy and case analysis conference. If The Insurance Company Offers Settlement Right Away, I would suggest, minimally, talking to me, or another long-time Baltimore car accident lawyer. I offer these to potential clients on a complimentary basis. Please use any of the methods under the contact tab at the top of the page to arrange yours.
- Baltimore Personal Injury Trial Lawyer Eric T. Kirk
- Legal Analysis & Case Studies
- Baltimore Neighborhoods I Serve
For over three decades, I have battled against the nation’s largest insurance companies, always endeavoring to ensure my clients receive the compensation they deserve. As lead counsel in thousands of cases across Maryland, New York, and Florida, I have recovered millions for clients whose claims were wrongfully denied and delayed. Whether denying fair compensation for a personal injury victim or denying benefits to a homeowner, Insurance companies employ policy exclusions, technicalities, and lowball offers to deny and defeat claims. They also hire very good lawyers to fight you in court. So should you. When an insurance company unfairly rejects a claim, I stop them.
