Is it too late to do anything on a signed and paid auto accident claim?
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Is it too late to do anything on a signed and paid auto accident claim?
I had an auto accident, not my fault. A lady ran a stop sign and hit my driver’s side door I was driving and it caused my car to roll over twice before landing on its side. We were driving about 65-70 mph. The air bags
deployed. I was shaken up and minus a few bruises soreness and scratches I was okay. My boyfriend the passenger was okay as well. The highway patrol insisted that we go to the hospital. We were both checked out, they were insistent that my boyfriend do a CT scan but only that I do a few ankle and wrist X-rays which I
thought was odd considering my head was pounding and that I had been driving and got hit with the force of the air bag and the lady’s car on my side. They never did anything other than a wrist and an ankle X-ray on me at the hospital and sent me on my way. I had extremely high blood pressure and a terrible headache the next few days and missed work. My regular doctor seen me the following week and told me I had probably had a concussion and didn’t understand why they never did a CT scan at the hospital. I ended up getting a copy of the hospital report a couple months later and it was because they had showed me as the passenger instead of the driver which was incorrect. Long story short, my doctor ended up ordering a CT scan which was okay and I did a few sessions at a chiropractor for my sore neck and shoulders they labeled as whiplash. Once they released me there the insurance adjuster was hounding me to sign off on a release and to get me a check for damages/personal injury and for my car which was totaled out. They totaled out my car and gave me the check to pay the loan but that left me still owing $5000 on it before it could be paid off to even buy a new car. Then he gave me a check for $10,000 for my medical bills which were about $3000 and that ended up leaving me about $7000 for personal injury pocket money he said. I still have a terrible shoulder now and migraines all the time. Was the amount he gave me fair? Was what the hospital did fair? Should I have signed? Is it too late now that I did?
Asked on June 13, 2019 under Accident Law, Oklahoma
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
It doesn't matter if it was fair or if you could have gotten more: if you signed a settlement agreement or release, you cannot sue for more money. In signing the release, you contractually (in exchange for the payment) gave up your right to seek more money or sue, but rather accepted the payment you received as payment in full of all your actual or potential claims. At this point, having signed the release, you may not seek additional money.
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