Yes, an insurance settlement does not protect you from a civil lawsuit in most situations.
You may have heard that human mistake is responsible for 94 percent of all car accidents. Did you know that in 2018, car accidents cost the United States $413 billion? Road traffic accident lawsuits are among the most famous cases in the United States.
The plaintiff may have various queries after agreeing to a specified amount of money. At Heidari Law, our expert personal injury attorneys in California consistently inform our clients of the different consequences of settling with the other party. Even after you have resolved your claim, you may be able to pursue legal action against the opposing party in certain circumstances. It depends on the circumstances.
Is it possible to reopen a lawsuit after making a insurance settlement?
No, in most cases.
When both parties agree on a settlement, one of them is asked to sign a written release. The release specifies that the other party is not liable for the accident and that any future litigation involving the same claim is barred. The sum of the settlement is paid in exchange for a pledge not to prosecute. Insurance companies only give payments because they don’t want to be sued and have to go to trial. Insurance companies would not provide settlement sums if settling meant that the parties’ right to prosecute would be preserved. Following a settlement, both parties sign a release that legally prohibits the other party from pursuing another legal claim.
The case will be dismissed if you file a lawsuit with the court right after accepting a settlement. Even if the judge does not ignore or dismiss the complaint, it may be challenging to win the case. If you lose the lawsuit, you are accountable for the other party’s legal bills. This could cost the plaintiff tens of thousands of dollars in legal fees. The settlement amount must be comprehensive and final, allowing the plaintiff to be compensated for their harm. Inexperienced personal injury attorneys may settle the claim for a smaller amount than intended.
The plaintiff will be allowed to take the case to court if they can establish that the settlement sum was offered due to fraud or coercion. The plaintiff will have to develop this to a very high standard.
When Can You Be Sued After a Settlement With Your Insurance Company?
The victim will sign an agreement at the time of the insurance compensation. Its job is to absolve all parties involved in the accident from further legal action. This form of arrangement is standard in the circumstances involving personal injury or traffic violations. In most cases, an automobile accident victim will not file a lawsuit after agreeing to a claim settlement. However, there are certain exceptions.
The Settlement is a Scam.
The victim must show that you acted fraudulently beyond a reasonable doubt. They must demonstrate that your actions had an impact on the settlement.
The other party is dissatisfied with the agreement.
In this instance, the opposite party may believe the settlement is insufficient. They may want additional funds to cover other medical expenses incurred due to the accident. They can sue for extra money for whatever reason they want.
You’re a Third-Party At-Fault Party.
When an accident occurs, the sufferer may be unaware that another party is involved.
The information may only be revealed once a settlement has been reached. In this scenario, they may have a case against you as an additional at-fault person.
What will my attorney do during the settlement process?
Your experienced personal injury lawyer will first file a claim against the other party. The defendant is served with these legal documents. Your lawyer will strive to obtain as much evidence as possible during the discovery process. The discovery phase is when each party learns new facts about their claim. Each side is expected to turn over information, including evidence that could be used against them. Depositions are sworn inquiries and answers that help the parties reach an agreement on a settlement sum. Litigations that go to trial are incredibly uncommon. This could be because lawsuits can be costly. Experts who testified in court earn a lot of money and must be compensated.
Is it possible for someone to sue you after the insurance company has paid?
Anyone with car insurance faces the possibility of being sued by a third party. On the other hand, having insurance will give you peace of mind as your insurance company deals with the accident victim. Your insurance provider is responsible for defending you. If you are sued due to an accident, your insurance will come to your aid. However, the plaintiff may have to go after you directly rather than your insurance company in such cases. The following are some of the reasons why:
When you don’t pay your insurance for a month and are deemed “uninsured,”
When the liability insurance amount is insufficient to cover all costs.
If the plaintiff only receives a small sum from the insurance company, the plaintiff may pursue you for the remainder of the money.
When claiming with the insurance company takes too long: if the plaintiff has been seriously harmed and requires money right once to cover medical bills, the plaintiff has the option to sue you personally.
Before I accept my settlement offer, what should I do?
Before accepting the settlement offer, we urge our clients to take specific steps to ensure that it is sufficient. These steps are as follows:
Ensure you’ve gotten all of the medical help you need: This is crucial when calculating past and future medical bills. A medical professional will be able to determine whether or not medical treatment will be required in the future.
Documentation: Your injury lawyer will endeavor to collect evidence to back up your claims for damages.
Lost wages: It’s crucial to speak with a professional to see if you can return to work. If not, the amount of the settlement will have to be increased.
Also Read: THE PROS AND CONS OF TEXAS LAW SHIELD AND 4 IMPORTANT CATEGORIES OF WEAPONS
What should I do now that I’ve agreed to a settlement?
Before you sign the settlement offer, you must comprehend the damages. If you’ve been in a severe accident and have suffered severe injuries, you’ll almost certainly need a larger payment. If a lower sum is offered, do not accept it if it does not cover the costs of your injuries. That is why hiring an expert personal injury attorney to pursue those claims on your behalf and guarantee you receive maximum compensation is critical.
What Is the Process of Getting a Settlement After a Car Accident?
Following an automobile collision, there are four actions to take:
Call the cops.
Call 911 if someone is hurt or your vehicle has been damaged. Before processing your claim, your insurance company may request a copy of the police report.
Evidence and documentation are essential.
This is the part where you prepare to file your claim.
Please take pictures of the cars involved and the damage they have sustained. Write an account of the accident in your own words. Get the insurance company and policy number of the other driver. You’ll also need the name, phone number, and make and model of the other party’s vehicle.
Contact your insurance provider.
Call our insurer and open a new case once all of your documentation is ready.
You’ll work with a claim adjuster assigned by your insurance company. They’ll assist you in determining the worth of your claim, which considers the cost of car repairs. Compensation for lost wages and medical expenses will be included in a settlement.
Settlement and Payment of Claims
The length of time it takes to settle a dispute differs by state.
Claims approval is not assured. For instance, if evidence exists that you broke state law. Your coverage has a limit, so your auto insurance will only pay out up to the limitations of your coverage.
Contact us for a free, no-obligation consultation, during which we will advise you on the legal methods we can use to maximize your claim’s payout. For decades, we have assisted clients in settling and litigating personal injury lawsuits. We want to make sure that our clients are actively involved in the process and that they are aware of all of the steps involved in the settlement. We wish to keep our customers up to date. There are no strings attached to our consultation. We are conveniently located in every major city in California and Nevada to serve you better. Aside from that, we may be reached by phone or email 24 hours a day, seven days a week.
When it comes time to sign the settlement release, our attorneys will be able to explain every stage of the procedure and the settlement release itself. After a settlement agreement has been struck, it usually takes a good reason to launch a claim against the insurance company. However, bringing a lawsuit against another party after a settlement has been made and a signed release is sporadic. Please contact one of our top litigators for additional information on accommodations.