Discovering that you might be unable to reopen a closed car insurance claim can be incredibly frustrating and disappointing. You may feel like the insurer has short-changed you or that the settlement you agreed to was unfair, and now you are stuck with the consequences. It is a difficult situation to find yourself in, especially if you are still dealing with painful injuries and expensive bills. You’re probably asking, can a closed car insurance claim be reopened in certain circumstances? The answer is yes—but only under certain very specific conditions.
Why Reopening a Closed Car Insurance Claim Is Typically Not Possible
When you accept a settlement offer from an insurance company and sign the release forms, you enter into a legally binding agreement. By signing these documents, you are essentially agreeing that the settlement is fair and that you will not pursue future legal action related to the accident. In exchange for the settlement money, you are giving up your right to file a lawsuit against the insurer or the at-fault party.
Courts generally uphold these settlement agreements, even if the injured party later comes to believe they deserve more compensation. Once you have signed on the dotted line, it’s almost impossible to go back and renegotiate the terms of the agreement. That is why it is so important to review any settlement offers carefully and make sure you understand the full extent of your injuries and losses before accepting a deal.
When Can You Reopen a Closed Car Insurance Claim in Florida?
Although reopening a closed car insurance claim is typically not possible, there are some limited circumstances where you may be able to do so. If you are in one of the following situations, you might have grounds to reopen your claim and seek additional compensation.
Technical Errors in the Settlement Agreement
Settlement agreements are complex legal documents that outline the terms of your settlement and release the insurance company from further liability. Major errors in the agreement, such as in the language that makes the document binding, could invalidate the entire agreement. In this case, you might be able to reopen your claim and renegotiate the terms of your settlement.
Unsigned Agreements
Perhaps you verbally agreed to a settlement offer but have not yet signed the official paperwork. While verbal agreements can be considered valid in certain situations, they are much harder to enforce than written contracts. If you find yourself in this gray area and have second thoughts about the settlement, consult with an attorney right away. They can determine whether the verbal agreement is binding and whether there is still room for negotiation.
Unfulfilled Settlement Terms
A settlement agreement is a two-way street. If the insurance company agrees to pay you a certain amount by a specific date, they must follow through on that promise. If they fail to hold up their end of the bargain, you may have grounds to reopen your claim. For example, if the insurer agreed to pay you within 30 days, but that deadline has passed with no sign of the money, you can take legal action to enforce the settlement terms.
Additional Liable Parties
In some cases, multiple parties may share fault for a single crash. If you have settled with one party but later discover that another party also bears responsibility, you may be able to file a separate claim against them. This possibility remains valid even if you’ve signed a release with the first party. For example, if you settled with the at-fault driver but later learned that a defective car part contributed to the accident, you may also have the right to file a claim against the manufacturer.
Bad Faith Insurance Practices
Florida law requires insurance companies to handle claims fairly and in good faith. Nevertheless, some insurers use tactics designed to minimize payouts and take advantage of claimants. Some examples of bad faith insurance practices include:
Misrepresenting the facts of the case or the terms of your policy
Failing to communicate with you or ignoring your calls and emails
Delaying the claims process by requiring excessive or repetitive paperwork
Failing to investigate the claim in a timely manner
If you believe the insurer acted in bad faith while handling your case, you may be able to reopen the case and take legal action against them. Bad faith claims are complicated affairs that require the skill of an experienced attorney who knows how to hold insurers accountable for their actions.
The Importance of Consulting an Experienced Car Accident Attorney
The car insurance claims process can be daunting, especially when you are already dealing with the fallout of a life-altering accident. With so much to think about and so much at stake, it is crucial to work with an experienced car accident attorney who can protect your rights and fight for the compensation you deserve.
A skilled attorney can review any settlement agreements before you sign them to confirm you receive a fair amount for your injuries and damages. They can also determine whether a verbal agreement is legally binding and whether there is still room to negotiate a better deal.
If you suspect that there may be additional liable parties or that the insurance company acted in bad faith, an attorney can investigate these issues, communicate with the insurance company on your behalf, and help you pursue further legal action if necessary.
Contact Jurewitz Law Group Injury & Accident Lawyers Today
While reopening a closed car insurance claim can be an uphill battle, it may be possible under certain limited circumstances. If you believe you have grounds to reopen your claim, a knowledgeable Tampa car accident attorney can give you the guidance and advocacy you need to optimize your chances of success.
At Jurewitz Law Group Injury & Accident Lawyers in Tampa, we are passionate about fighting for the rights of car accident victims. Our founding attorney is a seasoned litigator with nearly 25 years of experience. He knows how to stand up to the insurance companies and has a strong track record of getting the results his clients deserve.
If you are unsure whether you have a case, we offer free consultations to help you understand your legal options. Call us today at (619) 233-5020 for your free case review and take your first step toward justice.
