“Can I reopen a car accident case?” is a common question among people who’ve settled their cases. In most situations, you can’t reopen a car accident case after signing a settlement agreement. There are limited circumstances where you can reopen your case or file another legal claim, such as when there’s crucial new evidence, a technical error, contract breach, fraudulent conduct, bad faith insurance tactics, unsigned settlement agreement, or multiple defendants when you only settled with one.
A car accident lawyer can evaluate your case and determine your options for securing additional compensation after closing your claim. Reach out to the Chicago car accident lawyers at Ankin Law by calling 312-600-0000 to explore your legal rights and options.
What Are the Grounds for Reopening a Car Accident Case in Illinois?
After a car accident, your injuries, medical bills, the need to get your vehicle repaired, confusion, and stress can make you feel pressured to settle your case as soon as possible before knowing the full extent of your damages. Unfortunately, you may only realize your case is worth more after you’ve closed your claim. Alternatively, other issues may arise, such as discovering the other party lied to you or receiving a compensation amount that’s different from what was agreed. These and other scenarios can lead to the question: “Can I reopen a car accident case?”
Dissatisfaction with the compensation amount or realizing your injuries or damages are more significant after initially underestimating them are not valid reasons for reopening a settled car accident case. Below are legal grounds for reopening car accident cases.
New Evidence
You may reopen a car accident case if new evidence that wasn’t available during your original case is uncovered. The new evidence must be something you or your car accident lawyer couldn’t reasonably have known about when you filed the claim.
Significant Error
Settling a car accident case involves lots of paperwork. An error that impacts your settlement could occur somewhere in the process. The wrong settlement amount, incorrect description of injuries, and misspelled names are some mistakes that could happen. You could have the mistake corrected without entirely reopening your case. You may have to reopen your claim in some situations.
Unfulfilled Terms
You can reopen a case if the at-fault party fails to honor the payment terms. After agreeing to a settlement or winning a court award, there could be a timeframe for payment. If the defendant or insurance company doesn’t meet this obligation, your case could qualify for reopening.
Fraud
According to data from the Federal Trade Commission (FTC) for the first quarter of 2023, Illinois had the 10th worst fraud rate. You may reopen a case if your settlement was based on fraudulent information or misrepresentation by the other party.
Factors to Consider Before Reopening Your Car Accident Case in Chicago
While reopening a car accident case and proving the grounds for doing so isn’t impossible, it can be time-consuming and challenging. There may be viable options for pursuing additional compensation that may be quicker, more straightforward, and more beneficial.
Have You Signed a Release?
When you agree to a car accident settlement offer, insurance companies typically require you to sign a release of liability form. This legal document releases the at-fault party from further liability for the accident for which you’re receiving the settlement. By signing a release of liability form for car accidents, victims relinquish their right to file future claims related to that particular accident in exchange for compensation.
Signing a release without ensuring the settlement fully covers your current and future financial needs resulting from the accident, such as future medical expenses, is a bad idea. This is a major reason why consulting a car accident lawyer before signing anything from the liable party is strongly advised. A lawyer will help protect your rights and interests by thoroughly evaluating any settlement offer and ensuring you sign a release only after receiving a fair offer for your car accident settlement.
If you have already signed a release form, it’s difficult to reopen your claim. If you haven’t signed the release yet, you may be able to reopen settlement negotiations. Seek the assistance of an experienced car accident attorney to find out if this applies to your situation.
Are There Other Parties Responsible for the Accident?
You may have been in an accident where more than one party was at fault for your injuries. You can file a separate claim against another party that shares responsibility for your accident for additional damages, rather than reopening the original settlement. That allows you to receive more compensation even if you had already settled with the original defendant’s insurance company. Besides a negligent driver who pays for injuries in a car accident, other parties that could be held liable in Chicago include:
- Other drivers in an accident involving multiple vehicles
- The defendant’s employer, if the defendant was performing work duties at the time of the accident
- Vehicle or car parts manufacturer
- Government entity in charge of road maintenance
- A restaurant or bar that over-served alcohol to an impaired driver, who then caused an accident
For example, in an accident resulting from the other driver’s negligence, a vehicle defect, such as defective brakes, could have also contributed to your injuries. Proving a defect in a car accident case enables you to hold a vehicle or parts manufacturer liable for your damages as well.
Generally, settling a claim and signing a release of liability form with one insurer doesn’t stop you from pursuing a claim against other at-fault parties and negotiating a settlement with their insurers. Nevertheless, be sure to check the terms of the release. Some releases use language that prohibits accident victims from pursuing any other claims related to the accident. Insurers use such words to protect themselves and their insured defendants, rather than all other defendants, from being sued again for additional losses.
In such situations, a car accident lawyer will help you determine whether multiple responsible parties exist and guide you in recovering damages from each of them.
Did the Insurance Company Act in Bad Faith?
You can file a new legal claim against the insurer based on bad faith, which doesn’t reopen your initial claim. Illinois law requires insurers to handle a car accident claim in good faith. When you can show that a company acted in bad faith, you can take legal action and seek compensation for the financial losses related to your mishandled claim.
Instances of insurance companies acting in bad faith include harassment, bullying, or coercion into accepting a lowball settlement, refusing to negotiate a settlement, delaying investigating or processing your claim, knowingly misrepresenting your accident or policyholder’s coverage, and failing to communicate properly and promptly.
Your Uninsured/Underinsured Motorist Coverage
Illinois law requires auto insurers to offer uninsured motorist and underinsured motorist coverage. Victims can turn to their underinsured motorist coverage if they’re forced to settle for less than how much a car accident is worth because the liable driver doesn’t have enough insurance to cover all damages.
You’ll need to file notices and take steps to bring an underinsured motorist claim in Illinois. Failure to do so could waive your right to seek the coverage. Working with a car accident attorney in Chicago could help protect your right to pursue an underinsured motorist claim.
Steps to Reopen a Car Accident Case in Illinois
You’ll need to identify the grounds for reopening the car accident case and have the necessary evidence you’ll present to prove it. You’ll have to file a motion to reopen your car accident case with the court and send a copy of the motion to the at-fault party before the court date.
The circumstances of your case determine whether you can successfully reopen your case in Illinois. Seeking legal assistance at this point is essential. A skilled and knowledgeable car accident attorney will review the terms of your settlement agreement, the insurance policy, and other aspects of your case to establish the viability of reopening the case. Even if you can’t reopen your claim, your attorney will investigate your accident to establish other available legal avenues for compensation.At Ankin Law, we offer free consultations where our experienced Chicago car accident lawyers answer your questions, examine the specifics of your case, and help you fully understand your rights and all sources of financial recovery. Contact us today to schedule your consultation.
