Can I Re-Open an Insurance Claim After Settling?
Filing an insurance claim and negotiating a settlement can take time. While signing a release to accept a quick settlement without an attorney may seem like an easy way to end an unfortunate situation, a signed release prevents a claimant from re-opening a claim or filing a lawsuit in the future.
What is a Release?
A release is an agreement in which one party (usually the victim) agrees to hold another party (usually the adverse driver) without responsibility for liability or damages arising from a given occurrence, such as an auto collision or a slip-and-fall. Insurance companies almost always require injured victims to sign a release before issuing settlement funds to protect their insureds from future liability.
What Effect Does a Release Have on an Injury Claim?
Sometimes, an injured victim without legal representation files a claim against an adverse driver’s automobile liability insurance carrier. The victim agrees to sign a release and accept a quick settlement from the carrier. Sometimes, the settlement may not cover all the medical bills or other damages. In other instances, the victim may need future medical procedures for pain that does not go away.
At this point, the victim may question whether he or she can re-open a claim even though the victim signed a release. Texas courts generally uphold agreements that release a party from liability or damages for negligence. Additionally, most insurance companies draft their releases broadly and require the victim to give up the right to file a claim or sue the adverse driver for the same injury or incident in exchange for a settlement. Thus, it is improbable—if not impossible—that an injured victim could re-open an insurance claim or pursue a claim or lawsuit against an at-fault driver or the driver’s liability insurer after signing a release. Therefore, a victim injured in a motor vehicle accident or slip-and-fall should not sign a release or accept anything of value from an insurance company without discussing the matter with an experienced injury lawyer beforehand.
Speak With an Experienced Accident Attorney After a Car Wreck
If someone else’s negligence injures you or a loved one, you have enough things to worry about. Do not let dealing with the at-fault driver’s insurance company be one of them. We deal with the insurance company so you can focus on getting your life back to normal. You have one chance to do this; make the right choice by choosing the right attorney. Call us at (956) 291-7870 or email us at contact@rdjlawyer.com for a free consultation and case evaluation.