Reopen a Settled Car Accident Claim
In most cases, you cannot reopen a settled car accident claim. Once you sign the release form, the case is closed. Sadly, some claimants don’t know the worth of their case, understand the extent of their medical treatment, or anticipate how much time they needed off work until it is too late.
Before you sign a release and accept a settlement, consider consulting a lawyer. They can ensure you receive reasonable compensation for your damages. However, if you have already closed your case, an attorney can still see if you have options. You could receive more money if the insurer engaged in bad faith or multiple parties held fault for your injuries and damages.
What Happens When You Settle a Car Accident Claim
You must sign a release form to receive a settlement from the insurance company. This document frees them from liability and ultimately says that you’ve agreed to resolve your case.
Once you sign on the dotted line, you essentially give up your legal rights in exchange for a settlement. Part of that means that you will not continue to pursue the insurance company or their policyholder for additional compensation. In other words, reopening your case is not an option.
If You Realize You Settled Your Car Accident Claim Too Soon
Sometimes, car accident claimants find out they have outstanding expenses that their settlement won’t cover. Unfortunately, they cannot reopen their claim, so they’re forced to pay out of pocket. Although their case is closed, they may still have options to pursue additional compensation. A Fort Myers car accident lawyer can review their case and determine if one of the following scenarios applies to their situation.
If the Insurance Company Acted in Bad Faith
Insurance companies must behave in good faith when interacting and negotiating with a car accident claimant. The adjuster may need some nudging, but a lawyer can usually convince them to pay a fair amount. However, they’re a business and will do everything they can to protect their bottom line. Too much of this attitude may lead them to engage in bad faith.
Examples include the following:
- The insurer refused to fully investigate your claim.
- The insurer misrepresented what happened in the crash.
- The insurer didn’t return your call or emails.
- The insurer harassed, bullied, misled, or pressured you into accepting a settlement.
- The insurer purposely delayed the claims and negotiation processes.
- The insurer unfairly blamed you for the car accident.
If you have a personal injury lawyer Fort Lauderdale on your side, they can determine if the insurance company acted in bad faith. If so, they can help you file a lawsuit against the insurer and request financial compensation. Should this legal action prove successful, you can use your awards to cover your accident-related losses. Note that filing a bad-faith lawsuit does not mean you’re reopening your initial car accident claim.
If Multiple Parties Were Involved in the Car Accident
On a superficial level, it may seem like the other driver alone was solely responsible for the crash and your injuries. In most cases, that might be true. However, investigations may reveal that other people played a role. Consider the scenario below.
You were at a four-way stop, and it was your turn to go. As you’re driving through the intersection, a speeding car doesn’t stop and T-bones you. At first, it may seem like the other driver bore 100% of the fault, so you pursue them for compensation. Later on, you might find out that they couldn’t slow down because they had faulty brakes. In that case, the brake manufacturer holds liability.
If you didn’t realize that the parts manufacturer shared fault for the accident until after you settled your claim with the other driver’s insurance company, it may not be over. That is, even though you closed the case with them, you have another open case with the manufacturer. An attorney can gather evidence to determine what happened and build a case against them accordingly.
How You Prove Other Parties Played a Role in the Crash
If multiple parties are involved in your case, you must apply the standard of negligence to each of them. This standard contains four components. First, the other party had a duty to provide the utmost care for you, but they breached that duty by acting negligently. As a result, they caused an accident and your damages. Common car accident damages include medical bills, pain and suffering, car repair costs, and past and future lost income.
Get Help from a Car Accident Attorney Today
Although you may not be able to reopen a car accident claim, that doesn’t mean you can’t recover money if someone else caused your damages or an insurance company engaged in poor conduct. A personal injury attorney Florida from the Law Offices of Wolf & Pravato can go over your options. Call our firm today at (954) 633-8270 for a free consultation.
