Can I Still Sue If I Settled With the Insurance Company?
After your car accident, when you agreed to a settlement with your insurance company, you signed a release form or liability waiver. This states that the settlement amount satisfies your claim, and you will not pursue further legal action. In most instances, you cannot sue once you have accepted a settlement, but there are exceptions. It is critical to read the language in the release or waiver carefully. Some forms may include a statement that the plaintiff gives up all potential claims against anyone for the injuries in return for the settlement.
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If you were injured in a motor vehicle accident, do not attempt to settle with the insurance company on your own. They are always looking for a quick and relatively low settlement. This is simply part of their business model. Insurance representatives know that many injured people need the money and are unaware of the exact amount of compensation for which they are eligible.
They also know that once that release is signed, it does not matter if the person finds out their injuries are worse than anticipated and their impairment more serious. The injured party is out of luck.
If you were injured in a car accident, never agree to a settlement without consulting a lawyer. The New York City car accident lawyers at Douglas and London will negotiate with your insurance company so that you receive the maximum compensation you deserve.
If you later find out that the settlement amount was not sufficient to pay for your medical expenses and lost wages, it might be too late. These situations generally occur when the individual does not have an attorney representing them. A skilled personal injury attorney knows a fair settlement amount based on the client’s injuries and prognosis.
It is nearly impossible to file a lawsuit against the same party once you have settled your claim. However, many car accidents involve multiple entities. For example, if two drivers struck your car, and you settled with the first, you can still pursue a lawsuit against the second. The signed release form only involves the settlement with the first party.
Perhaps it is revealed the accident occurred not only due to the negligence of another driver but because of a defect in the vehicle. You could then pursue a lawsuit against the manufacturer, repair shop, or another party responsible for the car’s malfunction.
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It is possible that a settlement was made in bad faith or is fraudulent. If you later discover this, you may reopen your claim. Keep in mind that proving either fraud or bad faith is a difficult proposition. Should you find out that you were defrauded, seek legal counsel immediately.
In New York, the statute of limitations for filing a personal injury lawsuit is three years from the date of the accident. If more than one party is responsible for your injuries, make sure any lawsuit is filed within that timeframe, or the case cannot go forward.
Contact us for a free consultation
If you accepted a settlement with an insurance company for your car accident injuries, but exceptional circumstances apply, you need the services of the experienced New York Personal Injury Lawyers at Douglas and London. Arrange a free consultation by calling or texting 24/7 or submitting our online contact form.
We will review the terms of the settlement and determine whether you have grounds to sue. If so, we will pursue your case with the insurance company. We can also investigate potential fraud. Most claims are settled, but we will take the case to court when necessary. Hablamos Español.