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

Asked over 1 year ago - 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. Lars A. Lundeen

    Pro

    Contributor Level 20

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    Answered . 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. Harry Edward Hudson Jr

    Contributor Level 20

    6

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    Answered . 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... more
  3. Christian K. Lassen II

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    Contributor Level 20

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

  4. Michael Shemtoub

    Contributor Level 17

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    Answered . 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... more
  5. Kevin Coluccio

    Contributor Level 20

    4

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

  6. Andrew Michael Korduba

    Pro

    Contributor Level 11

    1

    Lawyer agrees

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

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