Can a Car Accident Claim Be Reopened?

A car accident claim may be reopened in some circumstances, but those circumstances are rare when compared with the total number of cases. Reopening a claim may be possible if there were material errors in the initial claim, the claimant can prove the insurance company acted in bad faith, or other abnormal conditions affected the original claim.

For the most part, a claim is final when the claimant agrees to a settlement and signs the paperwork. Insurance companies include a claim release agreement when they agree to a settlement with a car accident victim. This release generally prevents the claimant from seeking further compensation from the insurance company. However, consulting with Bakersfield car accident lawyers can help determine whether reopening a claim might be feasible in unique situations.

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If You Signed a Settlement Agreement You Believe Was Unfair, Speak with a Car Accident Lawyer as Soon as Possible

Unfortunately, many car accident victims sign insurance settlement agreements they later discover are not fair or sufficient to cover their losses. It may happen because:

• You were unfamiliar with the claims process: Many car accident victims are dealing with the claims process for only the first or second time in their lives. This lack of familiarity can be a significant disadvantage, as claimants are often unsure how to calculate the losses, demand a fair settlement, or determine when an insurance company’s settlement offer is unfair.

• You were not in a sound state of mind: Many who are involved in car accidents suffer post-traumatic stress disorder (PTSD) afterward. This condition, as well as other sources of stress after a car accident, can make it difficult to determine if a settlement offer is fair. Yet, financial pressures, confusion, or other factors may have led you to accept a deal that later proved unfair.

• The insurance company engaged in bad-faith practices: California law specifically alludes to bad faith by insurance companies as a potential reason to take legal action. If an attorney finds that an insurer engaged in bad faith during your car accident claim, this may be grounds to reopen the claim or even sue the insurance company.

• You discovered additional injuries or losses after you signed a settlement agreement: If your original insurance settlement did not cover the cost of health conditions or losses you discovered later, this is another potential reason to try and reopen a claim.

While not every car accident claim can be reopened, it’s worth exploring the reopening of a claim you believe did not provide fair compensation. An attorney will review your circumstances and settlement agreement and determine if you can reopen a claim.

Car Accident Claims Are Difficult to Reopen. Here’s What That Means for Accident Victims.

While reopening a car accident claim may be possible in some instances, insurers know how to protect themselves. When a claimant signs a release as part of a settlement agreement, they should expect that the insurer has covered their bases—and that they are most likely not eligible to reopen the claim.

With this in mind, every car accident victim should approach the claims process carefully. Steps you can take to protect yourself from an unfair claim outcome include:

Hiring a Lawyer as Soon as Possible After the Car Accident

A car accident victim’s health is important; nothing should come before getting medical attention. That said, you should hire a lawyer as soon as you get the opportunity because:

• Insurance companies often tempt accident victims with quick settlements, but those settlements are typically lowball offers—a lawyer will advise you not to accept such an unfair offer
• There may be multiple deadlines related to your claim, and your lawyer will work urgently to abide by such deadlines
• The slightest mistake after your accident can have significant negative consequences for your case, and your lawyer will protect you from making any such mistakes

Yes, you can afford a car accident lawyer. This statement is undoubtedly true because of the fee structure car accident lawyers almost always use. A contingency fee agreement allows you to hire your attorney without paying out-of-pocket fees or costs. Your lawyer will have to secure compensation for you to receive their fee.

Being Transparent with Your Lawyer About Your Accident-Related Damages

Once you retain a lawyer, they’ll be transparent and forthcoming with you. Do the same when speaking with your attorney.

Remember that, in most cases, a car accident victim only has one opportunity to secure compensation from an insurance company or another liable party. If you are not honest with your lawyer about injuries, symptoms, financial pressures, or other issues relevant to your case, it can lead to you receiving less compensation than you deserve.

Always Refer the Insurance Company to Your Attorney 

Your lawyer will insist on representing you with the insurance company. Yet, insurers in your car accident claim process may still contact you directly. They may attempt to:

• Have you admitted fault for the accident
• Convince you to accept their settlement offer (which may be a lowball offer)
• Have you committed other mistakes that led to an unfavorable claim outcome

Insurance representatives are often experienced and may feel their employer’s financial interests are more important than the claimant’s. If any insurance representative contacts you, refer them to your lawyer and say no more.

Whether You Need to Reopen a Claim or Have Yet to Complete Yours, Hiring a Lawyer Can Work to Your Advantage

If you elect to hire a lawyer, they will protect you. They will also advise you, create a personalized strategy for your case, and carry out that plan while you put your energy toward recovery.

There are several reasons to hire a car accident lawyer rather than handle your claim on your own, and those reasons include:

• The high cost of car accidents: Auto accidents that cause injury can cost the victim tens of thousands or hundreds of thousands in damages if not more. The more compensation you seek from an insurance company or another liable party, the harder those parties may fight your case. Also, the more costly your case is, the greater the stakes are if you fail to secure fair compensation—both good reasons to let an experienced attorney fight for you.

• A lawyer’s offer to pay for your case: Car accident lawyers help their clients in many ways, and financial support is one of the most critical. Your law firm will pay for all costs associated with your claim and any lawsuit you have your lawyer pursue. It includes expert fees, as hiring qualified experts is one of the many ways in which attorneys build winning car accident cases.

• Your limited time (which should go towards your recovery process): We must remember that car accident victims are, at their core, people. Like most people, those involved in car accidents have little time to spare—even before the chaos of an accident turns their lives upside down. After the accident, your time may be more constrained than before, and your recovery will take up a sizable amount of that time. Let a lawyer deal with your case, if only for the sake of your health and well-being. 

An attorney also understands laws, how insurance companies operate, and how to complete lawsuits. This knowledge and your lawyer’s priceless experience will be valuable to you and your case.

How Attorneys Help Clients with Their Car Accident Claims

Car accident lawyers manage any and all case-related duties for their clients. This all-encompassing approach to their cases is necessary because attorneys:

• Need to have total oversight of the case, as the slightest error or detail unaccounted for can have real consequences
• Can better protect you by handling every aspect of your case, including interactions with insurance companies
• Can resolve the case most efficiently by having total responsibility for every detail of the case

You may not realize how complex a car accident case can be until you see a lawyer’s responsibilities listed. Some of the ways in which your attorney will build your case include:

Handling Any Claim-Related Appeals

If you want an insurance company to reopen your claim, your attorney will lead the process of seeking reconsideration of the claim. This may require filing a new claim, taking legal action, or taking other appropriate action on your behalf.

Securing Evidence from the Accident (This Is a Particularly Urgent Duty)

Car accident attorneys’ to-do list has “gathering evidence” at or near the top. This is because many types of evidence are not available to the lawyer for very long, so they must waste no time in securing that evidence. Some types of evidence that may help your case are:

• Video of another vehicle hitting yours 
• Video of the at-fault motorist engaged in dangerous behavior that led to your collision
• Witness statements supporting your account of the accident
• Photographs of vehicle damage
• Your account of the accident, as well as any statements from the at-fault party that suggest they are responsible for the collision

Your attorney may also hire one or more experts whose testimony supports your account of the accident.

Determining Both Fault and Liability (In Other Words, Who Owes You Money)

Fault and liability are key considerations in all car accident cases.

• Fault refers to who caused your accident

• Liability refers to who is financially responsible for your accident-related damages

A car driver who rear-ended your vehicle is at fault for the accident, and they are likely also liable for your damages. That driver’s insurance provider may also be liable, even though the insurance company did not cause the accident.

Establishing a Case Value and Seeking a Settlement

Your lawyer will consider your accident-related damages when calculating your case value. Once they are sure of their valuation of your case, your attorney can demand fair compensation from any insurance company or other party who owes you compensation.

Many car accident cases result in a settlement. Your lawyer may strive for this outcome because suing and trials are more costly and time-consuming than settling with the insurance company. So, it’s generally in a client’s interest to get a fair settlement (if liable parties will offer it).

Filing a Lawsuit Against Liable Parties, Should You Decide To

Attorneys recommend different strategies for each client. Your attorney can recommend that you sue liable parties immediately, but car accident victims often file one or more insurance claims before resorting to a lawsuit.

Filing a lawsuit can become necessary when:

• An at-fault driver is uninsured, and your uninsured motorist coverage (if you have it) does not cover your losses
• One or more insurance companies will not pay the claimant the compensation they owe
• Other circumstances lead the client and their lawyer to determine a lawsuit is necessary

One of the most notable benefits of hiring a car accident attorney is the ability to file a lawsuit at a moment’s notice. Lawyers know the format, content, and language that lawsuits require, and they know when and where to file those suits.

Fighting for You in Court, If You Decide to Go to Trial

Filing a lawsuit does not mean going to trial. Many attorneys can negotiate a fair settlement for their clients after filing a lawsuit. That being said, your attorney should prepare your case for trial if that is your case’s route.

Waiting to Hire a Lawyer Poses a Significant Risk, Call Today

If you wait to hire a car accident lawyer, insurance companies’ bad-faith tactics can undermine your case before you realize it. You may also risk losing access to important evidence and missing case-related deadlines.

Find and hire your experienced car accident attorney as soon as possible.