Automobile accidents frequently result in financial hardships, emotional distress, and physical harm. They can also be highly stressful and overwhelming. After an accident, one of the first things to do is file an insurance claim for injuries and damages.
However, many are curious whether a closed or settled car accident claim can be reopened.
Quick Answer: Usually, you can’t reopen a file once you’ve settled. A release of liability typically prevents you from pursuing more claims. However, exceptions exist.
You can reopen your case if your claim was based on false information or the opposing party withheld critical evidence.
Or, if the insurance company acted in bad faith and offered a low settlement, you may be able to reopen your claim and sue the insurer for additional damages.
Sometimes, claims involving incapacitated people or minors may be reopened to ensure their rights are protected.
If you face new injuries or circumstances that were not foreseeable when the claim was filed, you can reopen it to seek more money.
To ensure you understand your rights, speak to a St. George car accident lawyer. They can explain your options clearly so you’ll know how to proceed.
This comprehensive guide will review the conditions that can lead to a car accident claim reopening, the legal issues that may arise, and what you can do if you think your claim needs to be reviewed.
Knowing How to File a Car Accident Claim
Understanding the typical auto accident procedure is vital to determining whether a claim can be reopened. Here’s a summary:
- Reporting the Accident: Notifying your insurance provider and law enforcement of the accident is the first step.
- Investigation: After looking into the accident, the insurance company determines who is at fault and how much damage was caused.
- Negotiation: After the investigation, discussions regarding a settlement begin with the insurance provider.
- Settlement or Denial: The insurance company accepts a settlement offer or rejects the claim.
- Release of Liability: After settling, you typically sign a release of liability, giving up any further claims.
Reasons to Reopen a Vehicle Accident Case
A claim may need to be reopened in some circumstances, even though signing a release of liability usually ends it. These consist of:
Finding New Evidence
The case may be reopened if fresh evidence comes to light after resolving the claim. New proof might consist of the following:
- Witness accounts that weren’t previously accessible.
- Video that was recently found.
- Medical diagnoses following the original settlement.
- Reports on accident reconstruction provide fresh insight into the event.
Major Alteration in Health
Injuries sustained in a car accident can occasionally take time to manifest or worsen. You can reopen the claim if, after the settlement, your health substantially worsens.
Misrepresentation or Fraud
The claim may be reexamined if it turns out that the insurance company or another party involved in the claim process committed fraud or misrepresented facts. Among the possible fraudulent activities are:
- Omitting important details.
- Making untrue claims.
- Falsifying the evidence is another common practice.
Legal Mistakes or Unusual Procedures
Reopening a claim may result from mistakes made by attorneys or anomalies in the claims procedure. Among the examples are
- Errors in legal counsel.
- The improper handling of evidence is another example.
- Disregard for the rules of procedure.
Legal Aspects
Reopening a vehicle accident claim requires addressing several legal issues:
Statutes of Limitations
The amount of time you have to file a lawsuit for an automobile accident is determined by the statute of limitations in each state. Reopening a claim is frequently subject to these time restrictions as well.
Liability Release
You usually sign a release of liability when you settle a claim, and it may include clauses that waive your right to file a lawsuit. To ascertain the release’s validity and extent, courts will closely review it.
The Burden of Proof
You must back up your request with extensive evidence to reopen a claim. The party attempting to reopen the claim usually bears the burden of proof. This is critical, as road traffic injuries are in the top 10 leading causes of death worldwide.
Legal Advice
Understanding your legal rights and options requires speaking with a car accident attorney. A lawyer can assess your case, obtain supporting documentation, and navigate the court system.
How to Reopen a Vehicle Accident Case
Take these actions if you think you have good reason to reopen your auto accident claim:
- Obtain Documentation: Compile all pertinent records, such as police reports, witness accounts, photographs, medical records, and fresh evidence.
- Speak with an Attorney: An experienced personal injury lawyer focusing on car accident claims.
- Evaluate the Viability of Your Claim: Your lawyer can assess the viability of reopening the claim and determining the strength of your case.
- File a Motion to Reopen: Your lawyer will file a motion to the relevant court to reopen the claim if advised.
- Provide Evidence: Be ready to support your position in court and make the case for reopening the claim.
Typical Problems Faced
You might run into various obstacles when attempting to reopen a vehicle accident claim:
- Insurance Companies’ Opposition: Insurance companies may vehemently oppose your request and frequently hesitate to reopen settled claims.
- Legal Difficulties: Navigating the legal system can be challenging, and procedural challenges might arise.
- Burden of Proof: It can be challenging to meet the burden of proof and provide a convincing argument for reopening the claim.
Key Requirements
Reopening a car accident claim is possible under specific circumstances, such as discovering new evidence, experiencing a significant change in medical condition, or uncovering fraud. However, it is a complex process with legal challenges and requires careful preparation. Seeking legal advice from an experienced car accident attorney is essential to understanding your options and pursuing your rights.
Here is a table of common reasons and outcomes of reopening a car accident claim.
| Reason for Reopening | Likelihood of Success | Likelihood of Success |
| New Evidence | Moderate to High | Documented evidence, connection to the accident |
| Significant Medical Change | Moderate | Medical reports, doctor’s opinion |
| Fraud or Misrepresentation | High | Proof of intentional deceit |
| Legal Errors | Moderate | Documentation of error, legal review |
| Statute of Limitations | Low | Must meet all deadlines |
Contact a Car Accident Lawyer to Reopen Your Claim
Call a car accident lawyer if you have a closed claim you would like to reopen. Sometimes, depending on the situation, you can reopen a claim. Contact a St. George personal injury attorney if you are considering reopening a claim. They can review your current status and offer guidance on next steps. Ensure you are covered legally and financially for your injuries. Call today.
