If my car was rear-ended a couple of weeks ago, can we sue the driver for additional funds?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my car was rear-ended a couple of weeks ago, can we sue the driver for additional funds?
It was 100% the other drivers fault. Our car was declared a total loss. My insurance company is going after the deductible and the value of our car from the other insurance company. The amount we are getting back is less than $5,000. Our car was paid off 3 years ago. We are now going to have to another car payment that was not in plans or budget because of the other driver.
Asked on June 16, 2014 under Accident Law, Pennsylvania
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
If you reject the settlement offer, you can sue the at-fault party for negligence and may be able to recover additional compensation.
If you have accepted the settlement offer and have received payment, you cannot file a lawsuit against the at-fault party.
Accepting a settlement offer means that you are receiving payment in exchange for releasing your claim against the opposing party. A release of your claim prohibits you from filing a future lawsuit against the opposing party in the same case.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.