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I was involved in an accident that resulted in a total loss on 3/15, and took a settlement. Is there any way I can pursue suit?

Toledo, OH |

The claim was initially filed under my insurance policy, even though I made it clear numerous times that the other party was at fault. I had to fight tooth and nail to get them to pay my medical expenses. The real killer, though, was the p&s payout. After explaining to them that I missed out on $400 worth of wages, and was out another $800 out of pocket because they refused to clear the lien on my car (supposedly the gap insurance was only in effect for the first 2 years of the policy), they offered $800. After a great deal of negotiating, I finally talked them up to $1,300. The headache continues, 6 months later, and now I wish I hadn't taken their settlement. What can I do? If it were up to me, I would sue them until there was nothing left to sue...

Attorney Answers 6


  1. Best answer

    The greatest thing you can do is help your friends, family, neighbors and the community at large by telling everyone you know about your expeirence as a cautionary tale and preach to them how important it is to have a lawyer when you are injured. I would still encourage you to speak with an experienced personal injury attorney and allow them to review all your claim related documents to see if you have any other options. Sorry to hear about your continuing problems. Regardless of compensation, I hope your injuries improve and you return to good health. Best wishes.


  2. Settlements are a final termination of a claim. If the $1,300 settlement to which you refer was with your own insurance company, then you are still free to pursue a claim against the other motor vehicle operator's insurance carrier. However, if that settlement was the bodily injury claim with the other insurance company and you opted to sign a release, you're all done. Here's why: BLUE LINK BELOW

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.


  3. Oh how the bemoeths prey on the meek. Absent fraud a settlement is final. Always talk to a lawyer. Sorry

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com


  4. Basically you were completely taken advantage of by the insurance company. Consult an attorney to see if there is any way to undo what has been done.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.


  5. I second Andrew's comment. There is still hope if these negotiations were with your own ins. company and there was another insurance company involved, that of the individual that was at fault for hitting you. Call a personal injury attorney to see if anything else can be done and good luck!