Is it Possible to Reopen a Closed Insurance Claim in Missouri?
You cannot typically reopen a car accident claim. Once you agree to accept a settlement, insurance companies and liable parties are typically free of financial liability. However, there may be exceptions to this general rule.
If you have yet to accept a car accident settlement agreement, consult with a car accident lawyer in Cape Girardeau before you do. An attorney can ensure that you understand a settlement before you accept it.
If you have accepted a settlement but feel you may have accepted less money than you deserve, you should also contact an attorney. Your lawyer can explain whether reopening your claim and pursuing additional compensation is possible.
Why It Is Difficult to Reopen a Car Accident Claim?
You’ll almost certainly sign a release form when you agree to an insurance settlement. That form will state that you agree not to pursue further compensation for the car accident. This is called a release of all claims or release of liability form, and it is the primary barrier to reopening a car accident claim.
A release of liability form generally states:
- The circumstances of your accident (or at least the date of the accident)
- Your name
- The amount that the insurance company (or defendant) is agreeing to pay you
- The losses or damages that the paying parties will cover
Perhaps most importantly, the release will also state that the defendant is not liable for your accident and damages. This may seem counterintuitive. Why will someone pay me if they aren’t admitting liability for the car accident, you might ask.
Even if the defendant who agrees to pay you money is liable for your accident, the release of liability form protects them from future attempts to get money for your accident. By signing a form that states the defendant is not liable, you typically forfeit the legal grounds to seek money from that person or institution in the future.
Why Reopen a Car Accident Claim?
There are a few circumstances that may allow you to reopen a car accident claim, including:
- You never signed an official document releasing the liable party from liability. Even if you signaled your intent to sign such a form, you must sign the form to release the defendant from liability. No signature, no deal.
- The form you signed proves to be legally invalid. If there were errors within the release of liability form, it can void the legal standing of the release. This might be a fortunate circumstance that allows you to reopen the claim, should you wish to do so.
- You never received the money you agreed to. Insurance companies or other liable parties must consummate a car accident claim by providing the payment they agree to. Your lawyer may have grounds to reopen your claim if you never received payment.
If any other circumstances allow you to reopen your car accident claim, an attorney will identify them.
Insurance Companies Usually Cover Their Bases
Auto insurance providers are typically diligent in how they handle car accident claims. Insurers make money by paying as little as possible to policyholders and third parties.
Therefore, you may expect an insurance company to:
- Offer a settlement offer that underpays your damages
- Ensure that all paperwork, including a release of liability form, is accurate
- Write release of liability forms in a way that protects the insurer from future litigation over your claim
- Dispatch its lawyers to stifle any attempt to reopen a claim
The largest auto insurers write tens of millions of dollars in auto insurance premiums each year. These well-funded, savvy institutions handle countless auto insurance claims each year. To protect yourself from predatory tactics, you should hire a car accident attorney as soon as possible after your collision.
How a Car Accident Victim Can Protect Themselves Financially After a Car Accident
A car accident victim must, first and foremost, protect their health. If you have not yet received a complete medical exam after your accident, do so as soon as possible.
You want to protect yourself financially after your accident, too, and may do so by:
- Hiring a lawyer as soon as possible: Car accident victims deserve someone watching their back. The most innocent, seemingly minor mistake can compromise your financial recovery. By hiring a Cape Girardeau accident lawyer, you’ll get instant protection from rights violations.
- Watching what you say: Everything you say and do after a car accident can come at the cost of your financial recovery. Simply apologizing to someone involved in your accident can be harmful. Maintaining tight lips after a car accident is best, especially if you have yet to retain an attorney.
- Documenting medical care: You should keep all paperwork associated with your medical visits. This includes receipts, images of your injuries, doctors’ diagnoses, and all other paperwork.
- Documenting your injuries and symptoms: You can photograph your injuries or have a friend or loved one photograph injuries for you. You may also keep a journal of your injury symptoms, emotional and psychological issues, and your general experience after the car accident. This document can prove useful during settlement negotiations or at trial.
While your attorney will handle the most important aspects of your claim or lawsuit, you should also do everything possible to help your claim. You’ll be off to a strong start by considering your health and potential financial recovery with the right legal support.
Why You Should Not Agree to a Car Accident Settlement Until You’re Certain It Is Fair
You should always be skeptical when an insurance company approaches you with a settlement offer. This is especially true if the settlement offer comes shortly after your accident.
Wait before accepting a settlement offer because:
- Your symptoms may get worse: Several injuries don’t immediately show symptoms or present symptoms that worsen over time. For example, brain injuries can follow this pattern. If you accept a settlement before giving all symptoms a chance to manifest, you may have to pay out of your pocket for medical care and other damages.
- You only get one shot at an insurance settlement: You already know you typically get one chance to secure compensation for a car accident. Therefore, you should be completely certain of your settlement target before signing any agreement. While being urgent about starting your case is important, you should not rush the process once it is underway.
- You want to correctly calculate your damages: Calculating a car accident settlement isn’t simple math. You may have certain damages that are especially difficult to calculate. For example, calculating the cost of pain and suffering may be more complex than calculating the cost of repairing your vehicle.
Liable insurance companies may pressure you to resolve your case. These insurers may hope that quick money will entice you, allowing them to pay less than you deserve. When you hire a lawyer, they will manage all communications with insurance companies. This will protect you from dealing with pressure or other bad-faith tactics by insurance companies.
How Can a Car Accident Lawyer Help You?
A car accident attorney can assist you after your accident.
Just after your collision, the lawyer may:
- Take over all communications with insurance companies
- Get the police report documenting your accident
- Record witness testimony
- Photograph the accident scene
- Get medical records
- Help you start the path to recovery
Your attorney will also record your account of the accident. Once your lawyer has ensured your well-being, they will:
Manage All Case-Related Paperwork
Paperwork might sound like a minor detail of a car accident claim, but it’s not. The accuracy and prompt filing of paperwork can make or break a claim. A qualified law firm will have well-established systems for drafting and filing all claim-related documents.
Begin Documenting Your Damages
Your attorney will document your damages from the outset of your case. Some documentation may take time to emerge. For example, vehicle repair bills may only become available after the vehicle undergoes repairs.
However, your lawyer will secure all documentation as it becomes available, including:
- Images of your injuries
- Medical records and bills
- Testimony from an employer explaining that you can’t do your job while injured
- Proof of lost income
- A mental health expert’s testimony about your psychological and emotional damages
Your attorney will secure any other documentation that helps prove the cost of your car accident.
Calculate the Cost of Your Damages
The severity of your injuries will directly affect the cost of your damages. Your attorney will complete a precise calculation of your damages. This includes non-economic damages, which may be difficult for non-lawyers to quantify.
Negotiate With Insurers or Other Liable Parties
A lawyer’s negotiating ability is one of their greatest values to clients. Settlement negotiations are rarely easy. Insurers may be intent on paying a certain amount or want to avoid paying you anything. Your lawyer will likely demand more than the liable parties intend to pay.
Only with skillful negotiation can a lawyer get a fair settlement for their client. Therefore, it is key that you hire a law firm with a record of impressive settlements.
Weigh the Possibility of Trial
Lawyers sometimes resolve car accident cases in court. Trials are less common than settlements, but any car accident case can end with a court case.
Your attorney will advise you on whether a trial is necessary. Before you hire a law firm, you should ask whether they’re willing to go to trial for you.
What Damages Should a Car Accident Settlement Cover?
Your attorney will categorize your damages and determine the value of each. Identifying and calculating all of your losses is challenging, and many people underestimate how much they need.
With the help of a skilled attorney, your injury claim may cover:
- Pain and suffering: If you suffer physical pain, depression, anxiety, lost quality of life, or other types of pain and suffering because of your accident, your lawyer will seek fair compensation for these damages.
- Vehicle repairs and other property damage: Your attorney will consider all accident-related property costs when calculating the value of your settlement.
- Professional damages: Lost income is a common damage among car accident victims. You may also lose earning power, promotions, bonuses, and other work-related benefits because of your accident.
- Medical bills: Medical expenses are another common type of damage among car accident victims.
If you choose your attorney wisely, you won’t have to worry about damages. Your attorney will speak with you, consult experts, and ensure you account for every accident-related damage.
What’s the Value of Your Car Accident Claim?
The value of a motor vehicle accident varies from case to case.
Several factors can influence the value of a car accident claim, including:
- The severity of property damage, as a totaled vehicle can prove very costly
- The types of injuries the car accident victim suffers and the symptoms that those injuries produce
- The recovery time frame, which may determine how much income the victim loses and how much their medical expenses cost
- Whether any injuries prove to be disabling
Again, it is best to trust an attorney’s experience and training when determining the cost of your accident-related damages.
I’m Thinking About Handling My Car Accident Claim. What Should I Know?
This is never a wise move. Many car accident victims won’t even consider handling their own claims because the process is so complex. Those who try often accept much less than they deserve or end up hiring a lawyer later in the process. Waiting to hire legal representation can compromise the claim process.
Without a lawyer to help or lead your claim, you may:
- Compromise your physical health
- Worsen your mental health
- Struggle to manage the responsibilities of your case
- Fail to secure a fair settlement
Do not minimize or underestimate the difficulty of completing a claim or lawsuit. Accept help from an experienced legal professional.
Contact Car Accident Lawyers in Cape Girardeau Today
Car Accident Attorney, Phillip J. Barkett
You can research lawyers online, ask friends and family, or follow the directions of local advertisements. Speak with local personal injury attorneys in Cape Girardeau, MO, and let your lawyer of choice fight for your financial recovery.
Don’t wait, as your attorney may face a deadline for filing your case.