Can a person that was injured in a car accident ask for more money after accepting a settlement offer
San Luis Obispo, CA
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Posted about 1 year ago in Car / Auto Accident
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car accident:
if you make a first and final settlement for a car accident without a lawyer or consultants help and found out that you got way less money for bodily injury, is there a loophole to get more money?
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Answers (4)Amanda Fay Benedict
This attorney is licensed in California.
Posted about 1 year ago.
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Unfortunately, the answer is generally no. Once you sign a settlmenet agreement with the other party's insurance company and sign a release, then you cannot go back at a later date and ask for additional money. The exception to this general rule would be if the other party induced you to sign the settlement agreement by fraud or duress. The fact that you did not have a lawyer at the time of your settlement agreement does not automatically invalidate your settlement agreement.
Good luck with your case! David Carl Beyersdorf
This attorney is licensed in California and 1 other state.
Posted about 1 year ago.
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Even if you don't hire an attorney, this is why it is a good idea to at least consult with one. Once the insurance company gets you to sign on the dotted line, your opportunity to negotiate further or file a lawsuit is basically over. In very rare instances a signed settlement agreement or release might be invalidated, but I wouldn't count on it. Best of Luck
David C. Beyersdorf Gordon Ralph Levinson
This attorney is licensed in California.
Posted about 1 year ago.
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It is very difficult to void a contract, such as a settlement release, but it is not impossible. Under the law, there are several possible ways to invalidate the contract. For example, if you can establish that you were defrauded by the insurance company, that you were the victim of duress (physical or economic), or that you were under a mistaken belief about a matrial term in the contract, you MIGHT be able to void the release. It would help your case if the amount of money was extremely unfair given your injury. For example, settling a case involving a fractured and surgically re-built femur for $5,000 or so would be an unconscionable act on the part of an insurance company and MIGHT constitute grounds for recision on the basis of fraud. Your best advice at this point is to retain an attorney to more closely examine the facts and to consider suing the insurance company for declaratory relief. Have a lawyer look more closely at your case. Nothing herein constitutes the formation of an attorney/client relationship.
Norman Gregory Fernandez
This attorney is licensed in California.
Posted about 1 year ago.
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You have probably been told this by every attorney you have already called. You are S.O.L. I have written many articles about why you should always consult with an attorney on personal injury cases such as car accidents. Many of my articles can be found on the California Personal Injury Lawyer Blog at http://www.calinjuryblog.com . You can also read a specific article I wrote about California Car Accidents at:
http://www.automobile-accident.net/car-and-automobile-accident-information-center.htm You said it yourself, you made a first and FINAL settlement. It would be virtually impossible to set aside the settlement. Anytime an insurance company deals with an in pro per (someone without an attorney) they know they are dealing with a person who has no clue what their legal rights are. Next time call me right away! Norm |