Can a Car Accident Claim Be Reopened?

Car accidents can have devastating effects, not just physically and emotionally but also financially. When individuals file a claim after a car accident, they often expect it to be the final resolution. However, a car accident claim may need to be reopened in some cases.

Reopening a car accident claim can be challenging and too complex to handle alone. A skilled car accident attorney can evaluate your situation to determine whether your claim can be reopened and, if so, represent your interests to get a more favorable outcome.

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What is a Car Accident Claim?

A car accident claim is a request made to the insurance company for compensation made by an individual following an auto collision. Car accident claims may be filed with the at-fault driver’s insurance or through the victim’s insurance, depending on the circumstances and state laws.

Damages Available for Car Accident Claims

A car accident claim can open the door for you to pursue compensation for the injuries, expenses, and losses resulting from your car crash. Damages can include:

• Medical expenses: Costs for medical treatment for car accident injuries.
• Property damage: Repairs or replacement costs for damaged vehicles or personal property.
• Lost income: Compensation for income lost due to the inability to work after the accident.
• Pain and suffering: Compensation for physical pain and emotional distress resulting from the collision and injuries.

A successful car accident claim can provide satisfactory compensation to alleviate the financial burdens that come after a collision.

Challenges with Obtaining Fair Compensation After a Car Accident

In a perfect world, car accident victims would file their claims and receive fair compensation without any hassle. Unfortunately, insurance companies make the process of pursuing financial recovery rather difficult.

Insurance companies are known to employ several strategies to minimize claims, shift liability, and avoid paying. Some of the well-known tactics include:

• Asking for recorded statements: Insurers may ask for a recorded statement, allowing claimants to share “their side of the story,” when in reality, they’re just looking to use a claimant’s words against them.
• Delaying: Insurance companies may take excessive time to respond to claims, hoping claimants become frustrated and agree to settle for less.
• Offering low settlements: Insurers often make initial settlement offers significantly lower than claimants deserve in hopes of closing the claim quickly. These offers regularly come in early when claimants are unaware of the full extent of their damages.
• Requesting excessive documentation: Requiring extensive paperwork can complicate and delay the claims process, discouraging claimants from pursuing the full amount of their claims.
• Questioning liability: Insurers may argue that their policyholder wasn’t at fault or try to shift blame to reduce their financial responsibility.
• Disputing medical expenses: Insurance companies might challenge the necessity or reasonableness of medical treatments seeking to minimize costs.
• Denying claims: In some cases, insurers deny claims outright based on technicalities or policy exclusions, requiring claimants to take extra steps to fight for their rights.

These and other strategies can help insurance companies protect their money and get away with paying little to nothing for valid claims. Protecting yourself from insurance companies and having an attorney represent you throughout the process is essential.

The Car Accident Claims Process

Every case is unique, but the car accident claims process is fairly straightforward. Filing a claim following a collision typically involves the following steps.

Report Your Accident

You should report your accident to your insurance company as soon as possible, even if you were not at fault for the collision. Notifying your insurer is important, as some policies require prompt reporting. Failing to report your accident can negatively impact your claim.

File the Claim

Determine whether you will file a first-party claim with your own insurer or a third-party claim with the at-fault driver’s insurance company. If your accident occurred in a state that operates under no-fault laws, you can file a claim through your personal injury protection (PIP) coverage. Otherwise, you can file your claim with the responsible driver’s insurer if your state is a fault state.

Filing a claim typically involves providing details about the accident, submitting required documentation, and including evidence, such as police reports, medical records, and photos. A car accident attorney can assist through this process to ensure your claim is filed properly to avoid setbacks or mistakes.

Investigation

Once you file your claim, the insurance company assigns an insurance adjuster. The adjuster investigates the accident, which may include reviewing evidence, interviewing witnesses, and assessing damages. The insurance adjuster determines liability and the claim’s value based on the evidence.

Settlement Offer

After the investigation, if the insurance company approves the claim, they will make a settlement offer. This offer is often based on assessing damages, medical expenses, and other relevant factors. It’s necessary to carefully review the offer, as it may be lower than expected.

Negotiation

If the initial offer is inadequate, you have the right to negotiate. Your attorney can negotiate directly with the insurer on your behalf.

Your car accident lawyer may provide additional evidence or justification for a higher settlement. Negotiations often involve some patience and back-and-forth.

Receive Compensation

You’ll formally accept the offer and sign the necessary documentation when an agreeable settlement is reached. After acceptance, the insurance company will process your payment.

Reasons You Wouldn’t Be Able to Reopen a Car Accident Claim

In most cases, if you’re unable to reopen a closed car insurance claim, it is due to one primary reason: a signed release of liability.

When you’re closing your claim because you agree to a settlement, the insurance company requires claimants to sign a release of liability. This agreement between you and the insurance company “releases” the insurer from future liability for that claim. This means that, in the future, you cannot reopen the claim because the agreement eliminates your ability to reopen the claim or sue for additional damages.

Because a release of liability closes the door, you should consult with a skilled attorney before signing the release. Your car accident lawyer can determine whether your settlement and the terms of the agreement are acceptable. This helps protect you and ensure you get what you need out of your claim. Signing a release too quickly and without input from a legal representative can put you in a compromising position.

When it May Be Possible to Reopen a Closed Car Accident Claim

In some cases, you may have the opportunity to reopen your closed car accident claim. You should discuss the possibility with a lawyer, who can determine how to open your claim and work to obtain a better outcome for you.

You Did Not Sign a Release of Liability

If you did not sign a release of liability, it means you did not formally release the insurance company of their responsibility, and the door may remain open. Not signing an agreement may allow you to revisit the claim and negotiate for a better settlement if necessary.

A car accident lawyer can determine whether or not there is an agreement between you and the insurance company. Sometimes, verbal agreements are made before any documents are signed, and a verbal agreement may be valid. However, your attorney can review the circumstances and reopen your claim if no agreement exists.

You Never Received Payment

The point of a claim is to secure payment for your injuries, expenses, and losses. But what if you agreed to settle and never got paid?

After you agree to settle, it can take some time for the insurance company to process your payment and you to receive it. However, you may have an issue if several weeks have lapsed and nothing has arrived. Your lawyer can follow up with the insurance company to inquire about your payment status, but if it appears the insurer is trying to avoid you or get away with not paying out, you may have a basis to reopen your claim.

There Were Errors in Your Agreement

Insurance companies try to be as thorough as possible when settling a claim to avoid potential issues in the future. Still, this doesn’t mean mistakes can’t happen.

Errors may allow you to reopen your claim. For example, you may realize that the settlement documentation reflected a different amount than the one agreed to or a party’s information is wrong or missing. These errors can make it possible for you to reopen your claim, even if you had previously signed an agreement.

Your Claim Was Handled in Bad Faith

Insurance companies must conduct their business in good faith, meaning they must be forthright and fair and handle claims timely. If the insurance company operates in bad faith, this can cause you to reopen your claim and, in some cases, even file a lawsuit.

It’s essential to be attentive to situations that may indicate the insurance company is acting in bad faith. Common examples of this include:

• Failing to promptly and properly investigate your claim
• Purposely delaying your claim
• Lying to you regarding some aspects of your claim
• Coercing you to settle quickly
• Denying legitimate claims
• Ignoring policy provisions

If you’re concerned about how your claim was handled, you should not hesitate to discuss it with your attorney. Your lawyer can determine whether the insurance company handled your claim with bad faith and, if so, how to remedy the situation.

Ensuring You Get the Most from Your Claim

When you file a car accident claim, you want the best possible result. The following tips can put you in a better position to achieve your goals, which can eliminate the need to reopen a claim in the future.

Hire Legal Representation

The best thing you can do following a car accident is to hire legal counsel. An attorney acts as your advocate and protector to ensure the insurance company doesn’t take advantage of you, you understand the full value of your claim, and secure the financial recovery you deserve.

Don’t Agree to Settle Too Quickly

Navigating an insurance claim can be frustrating, and it’s understandable to want to settle as quickly as possible to get your money. Still, it’s important not to jump into a settlement too quickly. Agreeing to settle without first ensuring your claim properly compensates you can result in settling for less than you deserve.

Consider Future Needs

You should consider your present and future needs, including medical treatment and lost income. Understanding whether you’ll need compensation to cover future expenses and losses can ensure you settle for the correct amount.

Do Not Let the Insurance Company Pressure You

The insurance company may put pressure on you to settle – don’t give in. Insurance companies must allow claimants enough time to review offers and consider their options before agreeing to settle and close out their claims.

If You’re Concerned About Your Insurance Claim, Consult with a Car Accident Attorney

Whether you’re handling your car insurance claim for the first time or you’re interested in the potential of reopening a closed claim, you should not proceed without legal representation. An experienced car accident lawyer knows the laws and will be a valuable asset in reopening your claim.

A knowledgeable car accident lawyer can guide you through the process, handle communications and negotiations with insurers, and protect your rights and interests. With a personal injury attorney on your side, the insurance company is less likely to take advantage of you, and you’re better positioned to reach a beneficial result.

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