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Ben Glass
Ben Glass
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Telephone call. Did not settle case.

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A Rockingham County Circuit Court judge has ruled that even though an insurance claims adjuster and a plaintiff reached a verbal agreement by telephone to settle a case for $1,500.00, the cover letter from the insurance adjuster clearly contemplated that the settlement would only be final once the release was signed and the settlement check cashed. Therefore the claimant, who consulted with an attorney after the telephone call but before cashing the check or signing the release, did not settle the case and may proceed with her lawsuit.

Comment from Virginia personal injury attorney Ben Glass: Obviously this was a close case and the better advice is to consult with an attorney prior to dealing with the insurance company on your own. The best advice is to read my book, “The Five Deadly Sins that can Wreck your Virginia Accident Case,” before talking to the insurance company at all.