Can you reopen a car accident claim? Signing a settlement agreement closes the claim. However, certain circumstances may arise that allow you to reopen the claim. Because of the legal and financial consequences of a settled car accident claim, you should consult an experienced car accident attorney before signing any document or accepting payment. They can also evaluate a situation in which you could reopen a car accident claim.
Situations When Reopening a Car Accident Claim is Possible
Although uncommon, there are times when you can reopen a car accident claim.
Settlement Document Contains Material Errors
A settlement represents the agreed-upon compensation to cover damages, including medical expenses and property damage. Several factors can lead to the need to reopen a claim concerning the settlement amount, including technical errors like:
- Missing Signatures — A settlement document without the required signatures from all parties involved, including witnesses, could be incomplete and invalid.
- Incorrect Payment Details — Errors in payment terms, such as incorrect bank details or payment schedules, can lead to disputes and the need to correct the document.
- Typographical Errors — Mistakes in the wording or numbers, such as misspelled names or incorrect amounts, can lead to confusion and invalidate the document.
- Ambiguous Terms — Vague or unclear language in the settlement terms can lead to different interpretations, which might necessitate reopening the claim for clarification or correction.
- Omissions — If the document omits critical terms or conditions that were agreed upon, it can be considered incomplete and grounds for reopening the claim.
Lack of Signed Agreement
If you haven’t signed an agreement, you can negotiate the settlement offer or file a suit if necessary. Even with a verbal agreement, you can potentially avoid binding terms if there is no signed agreement.
However, reopening a car accident claim after you accept payment — even without a signed agreement — is trickier:
- Implied Acceptance — Accepting payment might be implied acceptance of the settlement terms. Even without a signed agreement, the fact that you accept the money can be used to argue that you agree to the settlement.
- Conditional Acceptance — If you accept the payment with conditions or under protest, you have a stronger case for reopening the claim. For example, if you clearly communicate that accepting the payment does not mean agreeing to the settlement terms, you still have room to negotiate.
- Written Communication — Any written communication indicating that the payment is accepted but the agreement is not finalized supports your case to reopen the claim.
More Than One Party Contributed to the Accident
If you settled your case with one at-fault party and other parties share fault in the accident, you probably can’t reopen the claim you settled, but you could file additional claims against the others. For instance:
- If the crash involved a commercial vehicle, both the driver and their employer could be liable.
- If a defective part caused or contributed to the crash, the manufacturer might be partially responsible.
The Insurance Provider Did Not Act in Good Faith
Insurance companies don’t always treat accident victims fairly. They have an obligation to handle claims in good faith and follow protocols. A car insurance adjuster, who assesses damages and assigns fault, plays a critical role in determining the outcome of your claim. If your insurer fails to do so, you may have a new legal claim against them, particularly if your complaint alleges that they:
- Misrepresented facts or withheld policy details
- Coerced, tricked, or bullied you into accepting a low settlement offer, perhaps while you were unwell or taking medication that altered your judgment
- Delayed your claim by demanding unnecessary or repetitive documentation
- Refused to negotiate the settlement amount
You Didn’t Finish Pursuing a Claim at the Time
In Florida, if the insurer doesn’t hear from you for a period of time, they may close your claim. If that happened in your case, you have two to three years from the date of the injury to reopen a closed property claim. Your lawyer can advise you about whether it’s possible to reopen a closed bodily injury claim.
Understanding the Claims Process
Working with a personal injury attorney at the beginning of your case can help you avoid potential pitfalls in the claims process. Knowing the steps and potential pitfalls can help you navigate this process more effectively, including these post-accident actions:
- Seek medical attention and keep detailed records of all treatments and expenses. Complete the course of treatment, rehabilitation, or therapy.
- Notify your insurance company immediately after the accident, but stick to the basic facts. Do not discuss fault or details about the crash until you can speak with an attorney.
- Collect as much evidence as possible, like photos of the crash, to include with your claim.
- File the claim within the insurance carrier’s deadlines. If you decide to sue, know your state’s statute of limitations for personal injury lawsuits.
- Negotiate for a higher settlement. Insurance companies often make an initial lowball offer that you do not have to accept.
- Review the terms of the settlement carefully before signing. Never sign a legally binding document without a lawyer first reviewing it. Let them evaluate whether the settlement covers all your losses or if you should negotiate for additional money. Your lawyer can explain the consequences of signing the settlement agreement and the next steps in getting the money you need.
Contact a Florida Car Accident Attorney Today
Reopening a car accident claim might be necessary to ensure you receive fair compensation for your damages. Whether due to technical errors, unfair treatment by insurance providers, continued medical bills, or new evidence of fault, you could have the right to reopen a car accident claim in Florida. If you have questions or concerns about a recent car accident claim or if you were recently in a crash, let the Florida car accident lawyers of The Bruner Law Firm help. Our law firm has decades of experience with similar cases, and you pay nothing unless we win your case. Call us today at (850) 243-2222 or contact us online for your free consultation.
Related Posts:
Bicycle Accident Claims & Helmet Laws in Florida
The Benefits of Hiring a Personal Injury Lawyer
Dealing with Broken Bones and Fractures After a Car Accident
