Can You Sue After an Insurance Settlement?

Introduction

Reaching a settlement with an insurance company after an accident or injury is a common way to resolve claims and receive compensation. However, individuals sometimes wonder whether they can sue after accepting an insurance settlement. In this article, we’ll explore the concept of suing after an insurance settlement and the circumstances that may allow for legal action.

Understanding Insurance Settlements

Insurance settlements are legally binding agreements between the claimant (the injured party) and the insurance company. These settlements specify the amount of compensation the insurance company will provide in exchange for the claimant’s release of further liability related to the incident. Once accepted, settlements generally conclude the claim.

Can You Sue After an Insurance Settlement?

Suing after an insurance settlement is challenging but not impossible. Several scenarios might warrant legal action even after accepting a settlement:

Breach of Settlement Agreement: If the insurance company breaches the terms of the settlement agreement, you may have grounds for legal action. This could include failing to make the agreed-upon payment or not fulfilling other agreed-upon obligations.

Undisclosed Damages: In some cases, additional damages or injuries may surface after accepting the settlement. If these new damages were not included in the original settlement, you may seek compensation for them through legal action.

Fraud or Misrepresentation: If you discover that the insurance company or the at-fault party engaged in fraud or material misrepresentation during the settlement negotiations, you may have a basis for legal action. This would require evidence of deceit or fraudulent activities.

Uninsured or Underinsured Motorists: If you were involved in an accident with an uninsured or underinsured motorist, and your settlement didn’t fully cover your damages, you may sue your own insurance company for underinsured motorist benefits if you have this coverage.

Proving the Need for Legal Action

Suing after an insurance settlement is a complex process and typically requires evidence to support your case. To succeed, you may need to provide:

Evidence of New Damages: If you’re pursuing legal action due to undisclosed damages, you must provide clear evidence of the new injuries or losses.

Evidence of Fraud or Misrepresentation: If you allege fraud or misrepresentation, you’ll need to present compelling evidence to prove these claims.

Documentation of Breach: If the insurance company has breached the settlement agreement, gather documentation and records that support your case.

Consult an Attorney

Navigating the legal complexities of suing after an insurance settlement requires the expertise of a personal injury attorney. An experienced attorney can assess the merits of your case, gather evidence, and guide you through the legal process.

Conclusion

While accepting an insurance settlement often concludes a claim, there are circumstances in which legal action may be warranted. Whether due to breach of agreement, undisclosed damages, fraud, or other reasons, suing after an insurance settlement is possible, but it’s a complex process that should be approached with the assistance of a qualified attorney. Careful consideration, legal advice, and supporting evidence are essential components in pursuing legal action after settling with an insurance company.