Can I Reopen My Nashville Car Accident Claim?

Most of the time, you cannot open a car accident claim once it is closed. Here is a common scenario. You are in a car accident that causes significant injury. You rush through the process of filing a claim. Then, you learn you are going to need additional surgery, or you may never regain full mobility. You did not know that when filing your claim, and it seems that the new information could increase what you are owed. The problem is that you generally cannot open your claim again.

This is one of the most important reasons not to accept an initial offer from an insurance company but to instead work with a well-qualified attorney who can help you navigate your legal options. Our Nashville car accident attorneys are ready to fight for you to ensure you receive full and fair compensation, covering your needs both now and in the future.

Why can’t you reopen a car insurance claim?

When you complete an insurance claim with the car insurance provider, you are stating what losses you have. Typically, a component of that claim is a signed document that states what you are claiming and that, as a result, you are releasing the company from any other additional losses you may have. You agree that the claim is resolved. That also means you are giving up your right to file a lawsuit against the party.

Nearly all car accident claims will have this type of language. You may not realize it when you sign it, but it’s a legally binding contract that, in most cases, the court will uphold if you try to pursue legal action. When you work with an experienced Nashville car accident lawyer, you will never be asked to sign a release form without knowing exactly what you’re signing.

Is it ever possible to reopen a car accident claim?

Though it is not common, there could be limited opportunities in which you’ll be able to reopen your claim.

• There is a technical error within the document.
• You entered a verbal agreement but have not yet signed the settlement offer (in some situations).
• There are other parties liable in the case.
• New evidence is found that could affect the outcome of the case.
• The insurance company or other party did not uphold their part of the settlement agreement.
• The claim was not filed in good faith.

It’s important to understand what good faith is from an insurance point of view. Insurance companies are required to act in good faith, which means they must uphold their promises. If you can show the insurance company acted in bad faith, you may be able to get the court to open the claim for you. Our Nashville insurance claim attorneys can help determine when an insurance company is acting in bad faith.

Bad faith examples could include:

• The insurance company lied about or failed to disclose key facts about the insurance policy.
• The insurance company refused to negotiate the terms of the settlement.
• They failed to communicate with you.
• You were tricked into signing the offer.
• They failed to meet timeline requirements.
• You were bullied or pressured into agreeing to a low offer.

In these situations, the burden of proof falls on your shoulders, but we will work with you to show that the insurance company abused their position if it is possible to do so.

After a car accident, your first step should be to contact Rocky McElhaney Law Firm to inquire about your rights. If you learn you are owed more money or, in some way, were not treated fairly, we want to hear from you so we can work to build a case for you. Set up an appointment in our Nashville, East Nashville, Hendersonville, Clarksville, or Murfreesboro office now to speak to our car accident attorney for insight into your legal rights. Call our office or submit our contact form to schedule a free consultation today.