When You Need To Reopen a Car Accident Claim

Taking on the complexities of insurance claims and pursuing rightful compensation in the aftermath of a car accident can be a daunting task. When accidents occur, you might feel pressured to accept a settlement quickly, wanting to put the ordeal behind you and move on with your life. However, settling a car accident claim is a major decision that can have long-lasting consequences. Can you reopen a car accident claim? In most cases, yes. But getting it right the first time is crucial because reopening a settled claim is nearly impossible in most circumstances. 

Limitations to Reopening Accident Claims

Many people believe they can reopen a car accident claim if they discover their injuries are more severe than initially thought or if their medical bills keep piling up after accepting a settlement. They might think they can seek additional compensation if the settlement amount proves inadequate, if their injuries worsen over time, or if they require ongoing medical treatment that wasn’t accounted for in the initial agreement. However, this is rarely the case.

Once you sign a settlement agreement and accept payment, the claim is considered closed. The insurance company will require you to sign a release that absolves the at-fault driver and insurer of further liability. This release is legally binding, meaning you cannot pursue additional compensation from the insurer, even if your circumstances change. You also can’t file a claim on the same injuries and the same accident.

When Claims Can Be Reopened

In rare cases, a claim might reopen if the settlement agreement is unenforceable due to fraud, coercion, or oppression. Typically, the insurance adjuster misrepresents facts or uses undue influence to pressure the other party into signing an unfair agreement. Another uncommon scenario is when the contract is unconscionable because it heavily favors one party over the other, resulting in an unjust outcome.

Additionally, if one of the parties involved is mentally impaired or a minor, they may be considered unable to enter into a legally binding contract. In such cases, the agreement could potentially be void, allowing the claim to be reopened.

If the insurance company fails to fulfill its obligations under the settlement agreement, there is no need to reopen the claim. This includes cases such as not issuing the payment as promised. Instead, the injured party would need to file a separate lawsuit for breach of contract to enforce the settlement terms.

Getting It Right the First Time

Given these strict limitations, be thorough and cautious when negotiating a car accident settlement. Before accepting an offer, carefully consider the following:

• Assess the full extent of your injuries: Don’t rush into a settlement before understanding the long-term impact of your injuries. Some conditions, like spinal damage or traumatic brain injuries, may not manifest their more severe symptoms until weeks or months after the accident. Consult with medical professionals and give yourself time to gauge your recovery process before agreeing to a settlement.
• Calculate your current and future losses: Factor in all the financial and non-financial costs related to your accident, including medical bills, lost wages, property damage, and pain and suffering. Consider your current and anticipated future expenses, such as ongoing medical treatment or therapy.
• Consult with a car accident attorney: Work with an experienced attorney who can evaluate your case, help you understand the true value of your claim, and negotiate with the insurance company on your behalf. They can fight for a settlement that fairly compensates you for your losses and protects your future interests.
• Review the settlement agreement carefully: Before signing anything, closely review the terms of the settlement with your attorney. Be sure you understand what rights you’re giving up and what the agreement covers. If any provisions seem unfair or confusing, address them before accepting the offer.

Remember, a settlement’s terms will bind you once you sign the agreement. Getting it right the first time is crucial because reopening a claim is extremely difficult – often downright impossible. By being diligent, working with an experienced attorney, and advocating for a fair settlement, you can protect your rights and secure the compensation you need to move forward after a car accident.

Contact Gatti, Keltner, Bienvenu & Montesi, PLC

When all else fails, file a lawsuit only if you believe your personal injury claims merit it. Personal injury settlements often suffer from faults and mistakes. Sometimes, the insurance adjuster fails to take some factors into account, such as other damaged items, health care policies, and discrepancies in the police report.

Before accepting a settlement offer, think of all the possibilities of personal injury lawsuits and insurance claims you may file. Before you can reopen a car accident claim, check whether or not the state law and the statute of limitations allow.

At Gatti, Keltner, Bienvenu & Montesi, PLC, our Memphis car accident attorneys dedicate themselves to helping car accident victims navigate the complex claims process. We can guide you through the settlement negotiation process, help you understand your rights, and fight for the compensation you deserve. If you’re dealing with the aftermath of a car accident, call (901) 526-2126 or contact us online for a free consultation. With our support and representation, you can make informed decisions and work toward a fair settlement that safeguards your future.

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