Can an Insurance Company Recant a Settlement Offer?

dstone84

New Member
4
Hey y’all I need some opinions on a situation I am currently in, I’ll try to make a very long complicated situation short and to the point. I was in an accident last year and my vehicle spent over 90 days in the shop. The 3rd party insurance company had me pay up front for the rental and is now refusing to pay me the full reimbursement amount. The insurance company is claiming the body shop is at fault for the delays while the body shop is pointing fingers at the insurance company. And here I am out still out over $2,500.

Insurance company is claiming they are only legally liable for 16 days of rental (based on the supplement repair time) but are offering to pay me for 50 days of rental ($1,200). Body shop is unable to provide additional documentation of delays and looks like they are unwilling to help me cover the costs. I filed a claim with the insurance commissioner and they are siding with the insurance company. At the same time I filed a small claims court against the other driver, however he is no longer at the address on the police report and was unable to be served.

I am pretty much ready to be done with it and just ‘eat’ the $1,000+ dollars I will be out. I have thought about notifying the insurance company of the small claims case against their driver (I won’t tell them he hasn’t been served) in hoping they would be willing to settle out of court in attempt to get a few more hundred. However my concern with during this is they call my ‘bluff’ and take away their offer to pay for 50 days. Can they legally take back a settlement offer?
 
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