Uploaded on Feb 9, 2023
While most personal injury cases get resolved after a settlement agreement is made between the accident victim and the insurance company, there are instances when you can reopen the claim. Read our PDF to get acquainted with those situations.
Is It Possible To Sue After A Car Accident Settlement?
Is It Possible To Sue After A Car
Accident Settlement?
Following an accident, the at-fault party's insurance company may contact you with a
minimal settlement offer since they want to preserve their bottom line and not ensure
that you get adequate compensation to cover all your damages. They might also
request you to sign a waiver or complete a release form. Owing to the chaotic
aftermath of an accident, most victims sign these documents without realizing that
once they receive the settlement money, they can't pursue a future lawsuit. Hence,
seeking assistance from an experienced personal injury lawyer in Manhattan
soon after the accident is imperative.
Although once you reach a car accident settlement is usually your end's claim, there
are a few instances the case might go to the car accident litigation phase. Whether
or not this is a possibility is determined by the number of defendants involved in the
case, the defendant's number you settled with, and the settlement's terms and
conditions. Keep a note you can virtually never bring a case against the same
defendant with whom you have settled. Continue reading to discern more.
You Can't Change Your Mind After Signing The Release
If you settle your auto accident claim and sign a release of culpability, remember
your claim is gone, even if you afterward refuse to take the settlement money for
whatever reason. Also, regardless of whether the matter is still in litigation, the
lawsuit is ended.
Rare Instances In Which You May Still Be Able To File A
Lawsuit Following A Settlement
These exceptional circumstances generally include:
You Were Defrauded:
While false or misleading contracts are incredibly challenging to prove, you can file a
case against a defendant and insurance company who cheated you knowingly or
unwittingly.
No Signed Agreement:
While, in rare circumstances, an affluent driver may try to settle the case on the spot
by offering you cash to avoid culpability, you can still file a lawsuit if there's no formal
agreement, particularly if you were badly hurt. On the contrary, in circumstances like
the at-fault party's insurer offers you a settlement and you haven't signed any
papers, you can renegotiate the arrangement with the competent personal injury
lawyer in Brooklyn.
You Have Underinsured Motorist Coverage:
Since sometimes the defendant might not have sufficient money to compensate for
all your damages, you can file a claim under your insurance company's underinsured
motorist coverage to pay overall damages. However, the right to pursue this claim is
determined by your policy language. More significantly, signing a release may allow
you to waive your right to seek further coverage, including underinsured coverage.
Multiple Parties Were Involved:
If multiple persons were responsible for the accident, you have grounds to sue every
person who may have shared fault as long as the liability release doesn't specify
differently. For instance, in a car accident, there might be two drivers at fault, or the
car manufacturer could be proven to have manufactured a defective part with a
known problem that led to your accident.
Source: https://sites.google.com/view/someone-sue-after-car-accident
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