Can You Reopen a Car Accident Claim After Settlement?
When you have been injured in a car accident, you may feel rushed to accept a settlement to cover your medical bills and lost wages. Even if the settlement is less than you deserve, you may feel obligated to take it since there is no knowing when the insurance company will offer another. In most cases, once you sign a release of liability you will be unable to open a car accident claim after you settle. However, if your future medical expenses are greater than you anticipated, you may want to reopen a closed claim to obtain just compensation.
In limited circumstances, you may be able to reopen a closed claim after a Tennessee car accident, including fraud, newly discovered evidence, and coercion. Nonetheless, reopening a settlement usually comes with legal challenges, requiring even stronger evidence than before to receive adequate compensation. At Bednarz & Bednarz, our Nashville car accident lawyers are happy to discuss your rights to ensure that you receive a fair settlement.
Fraud or Material Misrepresentation
If the insurance company or the other party intentionally withheld evidence related to your accident or if you were deceived on opposing party’s insurance coverage, you may be able to reopen your claim. However, the misrepresentation must be significant enough to affect the outcome of your claim, known as a material misrepresentation. You must provide compelling evidence that the other party or insurance adjuster intentionally misrepresented the facts. Proof of fraud or intentional misrepresentation undermines the integrity of a settlement, convincing the courts to take a second look
Newly Discovered Evidence
In some scenarios, a settlement may be discovered after a settlement is reached. This could include eyewitness testimony, surveillance footage, or cell phone records that would have impacted your settlement amount. For newly discovered evidence to reopen a car accident claim, you must show that the evidence was not discoverable until after your settlement (even in performing your due diligence).
However, additional medical expenses typically do not fall under this category except in narrow circumstances. Common examples include conditions that your physician failed to detect, missed symptoms during a physical examination, or receiving misleading information from medical professionals. Simply experiencing unexpected medical expenses due to your injuries is not grounds for reopening a settlement. For that reason, our best car accident lawyers recommend only accepting a settlement after you reach maximum medical improvement (MMI). MMI is the point at which you will no longer make meaningful physical strides, despite continuing treatment. MMI is determined by the injured party’s treating physician. Once you reach MMI, you will better be able to reach a settlement that covers any future medical treatment.
Duress or Coercion
Although a release of liability prevents a party from obtaining additional compensation on the same claim, this does not apply if you signed the agreement under threat, intimidation, or manipulation. Common examples involve a claims adjuster telling you to sign now or risk losing everything, being under heavy pain medication, or not being fluent in the language of the settlement agreement.
What Should I Do If I Believe My Claim Should Be Reopened?
If newly discovered information or evidence surfaces that calls into question the validity of your settlement agreement, you should take the following steps:
- Gather all the paperwork and information related to your original settlement agreement
- Gather the newly discovered evidence and information
- Researching the statute of limitations and other legal deadlines of your state (Tennessee) has a one-year statute of limitations for car accident claims.
- Obtaining copies of your medical records, including any recent diagnoses, treatments, and prognoses
- Any communications you have had with a claims adjuster or opposing counsel
Speak with Our Nashville Car Accident Lawyers Today
If you have been injured while traveling around Nashville, the legal team at Bednarz & Bednarz would like to speak with you. Our assistance to car accident victims has resulted in significant settlements. Our Nashville car accident lawyers are dedicated to helping our friends and neighbors obtain maximum compensation. If you are ready to hold the wrongful party accountable for your injuries, do not hesitate to contact us online or by phone at (615) 623-8789. Offering free initial consultations.
