Can a Car Accident Claim Be Reopened?

Anyone who’s ever tried to file an insurance claim of any kind knows exactly how frustrating the experience can be from start to finish, especially if a claim that should have taken a few days to resolve ends up being dragged out over weeks, months, or even years. With that in mind, it is more than understandable to want to get through the claims process as quickly as possible in the wake of a serious auto accident. Unfortunately, this can be a big mistake if you do it too early.

With extremely rare exceptions, the answer to “Can a car accident claim be reopened?” is a resounding no in Pennsylvania and throughout the United States. Fortunately, you have help available from our experienced lawyers to get the most money possible out of your claim before you sign a release of liability or take any other steps to formally end negotiations with your insurer.

Importance of Closing a Car Accident Claim at the Right Time

It is far from uncommon for car crashes to result in injuries that take months to fully heal and cause various physical, financial, and psychological losses during the healing process. However, a lot of insurance companies like to tell injured people that it is easy to figure out what treatment an injured person will need in the future and to incorporate those expenses into an early settlement offer. Most of the time, they are doing this specifically because they know you need money now and want to get you to agree to a settlement as quickly as possible.

Once you have accepted a settlement offer from the insurance company, that is it—you cannot go back and ask for more money later, even if your injuries get dramatically worse over time and end up requiring more medical care than you initially expected. Because of that, it is generally best to wait at least a little while, and ideally, until you heal to the point that your doctors do not think your condition will meaningfully change in the future—before even starting to negotiate for a car accident settlement, so you can go into your negotiations with a comprehensive picture of exactly what amount of money you will need.

Unique Grounds for Reopening a Car Accident Claim

While it is virtually never possible to reopen a car accident claim solely because your injuries got worse and you need more money for losses stemming from those injuries, there are a few unique situations where reopening your claim might be possible. Most of these exceptions involve legal problems with the initial settlement offer you accepted. For example, a technical problem in the written terms of the agreement you signed or proof that your insurance company was acting illegally or engaging in fraud when you agreed to close your claim.

You may also be able to reopen a car accident claim if you agreed to close your claim based on a legally enforceable promise by your insurance company to pay you a certain amount of money, and then the insurance company failed to abide by the terms of your agreement. This could mean that they failed to pay you on time, failed to pay you the right amount of money, or tried to argue that your agreement wasn’t legally enforceable even though it actually was and still is.

Let a Tenacious Attorney Advocate For Your Car Accident Claim Today

If you want to explore options for reopening a car accident claim or making the most of a claim currently in progress, getting help from one of our winning lawyers should be your number one priority. Call us today to discuss the best path forward for your case.