Car accident: Can you still sue after you settle from the insurance company (see details)?
I was in a car accident 5 years ago, I got rear-ended very badly. I had whiplash and a small fracture on my neck-bone from the whiplash. Well, 2 years after the accident, i noticed my left shoulder blade became extremely sore and basically puts me in chronic pain. Then two years after that, my left hip-bone area began having the same feeling as my shoulder blade. I'm only 22, female, and what helps subside these feelings is strength training excercise - but it doesn't 'fix' my problem. However, we settled with the insurance company back then BECAUSE I had no symptoms of severe pain like I do today; the pain came much later as I have described. Are you able to still sue after an incident from 5 years prior? AND since I settled with my insurance company, will I be able to sue the girl who rear ended me for my bodies phsical damages? I need advice please.
Answers:
Maybe, maybe not. Depends on what you signed. If you are thinking about suing them, gather the paperwork and see a lawyer. If someone said of course, were you going to do it yourself?
you settled, case closed
Generally, no.
Almost any settlement agreement includes a clause where you agree to waive (forfeit) any future claims arising from the same incident.
And after five years, it may be too late to sue even if here wasn't such a general release clause (the deadline varies by state).
It depends on your state and how you settled your claim. Usually you have 7 years to file an action...I'd contact Legal Aid in your city to gather information or contact your former attorney...
When you settle you sign a release, this release says that you can not pursue further action against them, you released them from any further liability. If it was 5 years ago the statute has more than likely run, if you did not sign a release.
I doubt that you can now come back and change your mind. That is why you don't settle with an agreement that closes the book. It would be hard to prove that your problems are related to the accident and the settlement you signed would preclude any additional legal action.
If you settled with the insurance company, you settled with the person that they insured. You have no action as far as I can see. Hopefully you saved some of your settlement.
Once you SETTLE, you settle. you signed a waiver after your settlement came in stating you would accept said settlement and NOT go after any further compensation--that is a STANDARD practice for a settlement. you may not REMEMBER that you signed this waiver stating that you were satisfied with the settlement AS IS but trust me you signed it. I was in an accident 3 years ago where an 18 wheeler hit the front of my hyundai.their insurance company settled and I DID remember signing a waiver stating I accepted this settlement PERIOD. Sorry... that's why they always say on TV to NOT DEAL DIRECTLY WITH THE INSURANCE COMPANIES--GET A LAWYER.. your time is too late. You SHOULD have had a lawyer right after the accident to advice you.
No, accepting the settlement means that you can't sue the driver or the insurance company. Are you certain it's even from the accident? There's lots of things that can cause alignment problems like you're describing, for example if you've taken a desk job since then, or gained or lost weight, changed up your excercise routine, worn mattresses, new mattresses, etc. Any of those, on top of the original accident, and any other "adventures" you've had in life could combine after a few years. Fortunately, most health insurance companies will cover a few chiropractor's visits per year- it might be worth your time to check that out.
No, your statute of limitations has run out and you settled the case. Settled means there is no more ever.
Read your settlement agreement carefully. Most settlement agreements say that each party waives their right to sue over the incident. If it doesn't say anything like that, then you can sue. But I highly doubt if an insurance company would agree to a settlement without such a clause.
If you are in the US, probably not. Every state has a statute of limitations. California is one year. Pennsylvania is two years on bodily injury claims. If you do not file suit in the time allowed, you are barred from pursuing your claim.
If you insurance company paid your medical bills, the insurance policy usually says the coverage is in effect for one year after the date of the last medical expense, covered by the policy.
No, the agreement of a settlement will stipulate that you can not sue later.
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