Then don't settle. Get a lawyer who will be able to properly evaluate your claim and get you the full amount, to which you are entitled, providing you have not been offered the person's policy limit. Maybe there are other possible persons or companies responsible. You need legal advice. And the answer is "no". If you sign a release you cannot then sue the driver.
This answer is not intended to be legal advice in a lawyer/client relationship. Misunderstanding of the answer or use of the answer for any illegal purpose is not the responsibility of the writer. The answer to any question in the Avvo website is constrained by the limited content of the question, an incomplete description of the facts underlying the question or a wrongful motivation for the question.
If you settle the claim then you settle the claim. Please contact a lawyer before you settle anything. I have had people call me that have taken pennies of what they should have been compensated when they did not understand the process and settled their claims and waived their rights
The law office of Anders Ferrington 601-316-8428 practices state wide. In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but instead need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice.
The insurance company will not settle with you unless you agree to sign a general release which bars any further claim against the at fault driver. It is important to never settle until you have completed all of your medical treatment because you can not claim additional medical bills after you accept a settlement. Lastly, there are certain situations you may have to pay back settlement money to your health insurance carrier out of the settlement proceeds. Given these and many issues I advise all injury victims to talk to a local personal injury attorney to discuss their legal options.
Good question. The answer is no, you can not sue them if you settle with their insurance, so make sure you hire an experienced personal injury attorney to get you maximum recovery to start with, and then you don't need to sue anyone else, because you got every penny you were entitled to.
Attorney Stacy E. Pepper is licensed in all State and Federal Courts in Mississippi. He is a founding Partner in the law firm of Pepper & Odom, P.C. Nothing posted here constitutes any attorney client relationship and is meant for educational purposes only. Office hours are 8:00 a.m till 5:00 p.m. Monday through Friday. Phone: 601-914-9219 Facsimile: 888-456-2160 www.pepperodom.com
Sign up to receive a 3-part series of useful information and advice about personal injury law.