When You Need to Reopen a Car Accident Claim

The aftermath of a car accident can be overwhelming, leaving you entangled in a complex web of insurance claims. Once you’ve accepted a settlement, your claim is closed. That should be the end of it. But can you reopen a car accident claim?

In most cases, the insurance company’s initial settlement offers can be insufficient to cover the true value of your claim. That’s why you should have a Utah car accident lawyer look over any settlement offer before you agree to it. Once you and the insurer or the at-fault party have signed the settlement agreement, that document becomes a binding contract. Generally, such a contract cannot be voided, and the claim cannot reopened.

However, there are some situations in which reopening your claim might be possible.

Reasons to Reopen a Car Accident Claim

Most insurers require that the injured party sign a release, either before or at the time the settlement agreement is signed. It states that the injured party releases the insurer and the at-fault party from any additional liability for the accident. Without a release, an insurer has no inducement to enter into a settlement. For the insurance company, once the release and settlement agreement are signed and compensation is paid, the claim is closed.

Even so, several situations may justify reopening a car accident claim, including:

• The settlement agreement wasn’t signed: If you don’t accept the settlement offer in writing while negotiating the settlement agreement, you might be able to reopen your claim. If the parties only verbally agreed to the terms and the document wasn’t signed, you can reopen your claim.
• Misrepresentation or fraud: If you believe that the at-fault driver or their insurance company misrepresented facts or engaged in fraudulent practices during the claims process, you may have grounds to reopen your claim.
• Technical mistake: If the settlement agreement contains significant material errors, you could have the errors corrected, or it might be possible to back out of the settlement. A technical mistake could be something like the transposition of numbers in the settlement amount, such as $47,000 instead of the $74,000 you agreed to.
• Duress: If you signed the contract because you were under duress or because someone coerced you to sign, the contract would be void and you could reopen your claim.

It’s important to note that reopening a car accident claim can be challenging, particularly if you have signed a release of liability. However, if you have a valid reason, an experienced personal injury attorney can make sure you’re fairly treated.

Steps to Reopen a Car Accident Claim

If you believe you have grounds to reopen your car accident claim, take the following steps:

• Get a lawyer: Having a seasoned personal injury attorney working for you significantly enhances your chances of successfully reopening your claim. These legal professionals can meticulously review the details of your case and clearly explain your legal options.
• Gather evidence: You and your lawyer should collect any new evidence. To support your need to reopen the claim, find documentation of any fraud or misrepresentation. This can be seen in medical bills or medical expenses, health care documents, and property damage reports.
• Contact your insurance company: Your lawyer can notify your insurance company that you wish to reopen your claim and explain your reasons for doing so. Be prepared to provide supporting evidence and argue your case.
• Pursue legal action: If the insurer is unwilling to reopen your claim, filing a claim may be necessary to safeguard your rights. Your attorney will help guide you through this process every step of the way and act as your unwavering advocate in court.

Challenges in Reopening a Car Accident Claim

Insurance companies are reluctant to reopen claims as they have to close cases quickly and minimize payouts. They may argue that you had a fair opportunity to assess your damages before accepting the settlement. They may also argue that reopening the claim is unjustified.

Hiring an accomplished personal injury attorney can significantly impact your case. Using their skills and experience, crafting a compelling argument, engaging in effective negotiations with the insurance company, and tenaciously advocating for the compensation you are rightfully due your lawyers can help you reopen your claim.

The Role of a Personal Injury Attorney

If you are considering reopening a car accident claim, consulting a personal injury attorney is crucial. An experienced personal injury claims attorney can:

• Review your case and advise you on the likelihood of successfully reopening your claim
• Gather evidence and build a strong argument for reopening your claim
• Negotiate with the insurance company on your behalf
• Represent you in court if necessary to protect your rights and interests
• Help you understand the legal process and make informed decisions about your case

At London Harker Injury Law, our knowledgeable personal injury attorneys have extensive experience handling car accident claims, including cases involving the need to reopen a claim. We understand the challenges you face and are committed to fighting for the compensation you deserve.

When you work with London Harker Injury Law, you can expect:

• Personalized attention and compassionate support throughout your case
• Thorough investigation and evidence gathering to build a strong argument for reopening your claim
• Aggressive negotiation with insurance adjusters and companies to pursue fair compensation
• Skilled representation in court, if necessary, to protect your rights
• A contingency fee arrangement, where you don’t pay any upfront costs, and only collect a fee if we secure additional compensation for you

Contact London Harker Injury Law for Help Today

Do you believe you have grounds to reopen your claim? Don’t delay – contact London Harker Injury Law‘s experienced personal injury lawyers today. Schedule a no-obligation free consultation by calling us at 77CARCRASH or contacting us online. Our team is here to answer your questions, explore your legal options, and help pursue the justice and compensation you deserve.

During your consultation, our experienced team will analyze your case details and provide personalized guidance tailored to your unique situation. Our dedicated Sandy car accident attorneys and Provo car accident attorneys will champion your rights and interests, leveraging our extensive experience in personal injury cases. Don’t try to handle this alone. Secure the best possible outcome by calling us today.

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