Seeking compensation through insurance negotiations or a civil lawsuit after a serious car crash can be stressful. It is understandable to want to get through this process as quickly as possible. It is also vital for you to push for the money you need rather than accepting the first settlement offer that comes your way. Once you formally accept an offer, you generally cannot reopen the claim later.
Just because your negotiations with an insurance company have ended does not necessarily mean you are out of options for seeking further compensation. Before you take legal action, you should understand when a car accident claim is closed in legal terms, when you might be able to work around a closed claim, and what a capable car accident lawyer could do to help you get the most money possible.
If an insurance company presents you with a settlement offer for injuries and you want to accept that offer, you will generally need to sign a release of liability form. Signing this form allows you to receive compensation, but it also permanently closes the claim in question, meaning you cannot go back and ask for more money from the insurance company if your injuries get worse over time.
If your case progresses to civil court, a verdict passed down by a civil judge or jury has broadly the same effect. While you may have the option to appeal an unjust ruling or one the court made in error, the court’s word on who is liable for an auto accident and how much restitution a person should receive for their damages is usually final and irrevocable.
Insurance companies sometimes tell car accident victims that their claim has been closed without any settlement being agreed upon or even offered. In a situation like this, your claim is not necessarily closed in any legally binding sense, and a skilled lawyer could help you push the insurance company to reopen your claim and negotiate with you fairly.
Additionally, even if you have signed a release of liability with a specific insurance company, you may still be able to pursue compensation through a second, separate claim if you can establish another party was partially or primarily at fault for causing the wreck. Likewise, if you were hurt in a car crash that was directly related to your performance of official duties at work, you may be able to seek additional restitution through a workers’ compensation claim separately from any claim against your car insurance provider.
Finally, if an insurance company engaged in fraud, deception, or any other illegal activity while negotiating a settlement agreement, that agreement may be legally invalid even if you signed a release of liability for it. Guidance from knowledgeable legal counsel can be especially important to achieving a favorable outcome. Call our firm now to learn more about your options for legal action.
