You can reopen a settled car accident in very limited situations. Typically, the settlement is final, and injury victims have very little recourse if they realize the agreement does not fully cover their losses. This makes it especially important to work with an experienced Tucker car accident lawyer from Fox Injury Law who can help you make settlement decisions with long-term goals in mind.
Why are car accident settlements usually final?
In most settlements, part of the agreement is a waiver of liability, which means you waive the ability to pursue any additional damages, whether you knew of them or not. This is done to protect the responsible party’s interests and to prevent ongoing litigation.
When can a settled car accident case be reopened in Georgia?
You may have grounds to reopen a settled car accident case under limited, specific circumstances similar to those required to appeal a personal injury verdict. These typically include things such as:
- Fraud or misrepresentation where the other party intentionally misrepresented or lied about the facts of the situation. An example is an insurance adjuster who lies about the policy limits to secure a lower settlement.
- Mutual Mistake: You may be able to reopen a car accident claim if both parties made a significant mistake that would have affected the outcome.
- Duress: If you were threatened, coerced, or intimidated into accepting the settlement offer, you may be eligible to have your claim reopened.
In some circumstances, you may be able to reopen a settled agreement if you discover new evidence that may have impacted the outcome of the settlement. This might include something like video footage. If you suspect your situation has grounds to reopen, it may be smart to contact a car accident attorney to help you determine your legal options.
What if your injuries are worse than expected after a settlement?
Unfortunately, even if your injuries are worse than expected after the settlement, this is not a legally valid reason to reopen a closed claim. However, when you work with guidance from a car accident attorney, they will likely advise you to pursue medical treatment until you reach maximum medical improvement. This will allow you to gain a better understanding of what to expect with future medical costs and include them in your demand.
Are there deadlines for challenging a car accident settlement in Georgia?
In Georgia, car accident injuries are subject to a 2-year statute of limitations. This means that you have 2 years to take legal action or file a lawsuit against the other driver or their insurance company. However, once you sign the agreement, the statute of limitations is all but irrelevant.
What should you do if you think your settlement was unfair?
If you think your settlement amount was unfair, you may benefit from speaking with an attorney. Most settlements are final, but our team may be able to help you review your documentation and determine whether you have any other forms of legal recourse.
Talk to a Tucker car accident lawyer about your settlement options
Car accident settlements are often overwhelming. You are out of work, in pain, and your life has been upturned, and the Tucker car accident lawyers at Fox Injury Law are here to help.
Whether you think your accepted settlement offer was the result of bad faith insurance practices, new information has come to light, or you just need some clarity, you can contact us online for a free case consultation by reaching out online or calling us at (404) 777-7778
