General legal information for the United States, not legal advice. Read the disclaimer

Can You Sue After Settling With the Insurance Company?

Photo: Anthony Maw / Unsplash

In most cases, once you sign a settlement and release, the matter is over. You usually cannot reopen the claim even if your injuries turn out to be worse than expected.

What a release does

A release is a contract. In exchange for payment you give up claims related to the accident against the released parties. Read it carefully to see who and what it covers.

Possible exceptions

  • Claims against someone who was not released.
  • Claims for unrelated injuries or events.
  • Cases where the release was obtained by fraud or serious mistake.
  • Your own uninsured or underinsured motorist coverage, depending on policy terms and how you settled.

How to avoid regret

  1. Do not settle until your doctor can say how recovery is likely to go.
  2. Understand future medical needs.
  3. Ask whether the release covers all claims.
  4. Check how settling affects your own insurer's rights.
  5. Consider legal advice for significant injuries.

Deadlines

If you have not settled, you can still file a lawsuit before the deadline. See our statute of limitations guides.

Frequently asked questions

Can I get more if my injuries worsen?

Usually not after signing a full release.

Is a property damage settlement a full release?

It should not release injury claims, but confirm the wording.

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