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Can I sue my own insurance company over a 1998 accident when I was injured and settled with the other driver's insurance?

Cincinnati, OH |

I had to file before the two - year time limit and had no idea I would eventually be diagnosed with fibromyalgia that has prevented me from earning the living I would had thought possible before the accident . I settled in mediation with the other insurance company . Had I known 15 years down the line I'd still be suffering , I would have asked for more . Do I have any rights to compensation from my insurance company ? I still have the same one as in 1998 , but have never asked them about it .

Attorney Answers 6


  1. Best answer

    No. Once you settle with the adverse party, your claim was concluded so that you cannot come back 15 years later and try to obtain additional funds from your own carrier. This is why it is so very important, before settling a claim, to know the full extent of your damages, including the possibility or probability of future ongoing impairment.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.


  2. The statute of limitations would also apply to any UI claim against your carrier.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.


  3. In most states no. you can not you are way past the time frame however my friends in OH can better answer this specific to you. Best of Luck.

    View my website & give me a call for a FREE consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www.KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


  4. I would think the statute of limitation has passed.


  5. When you settle a case, it is over.


  6. No. Nothing you can do about it now. Sorry.

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