Can You Reopen a Settled Car Accident Case?
Say you are injured in a car accident, or maybe even that you injured someone else in a car accident. After the settlement is agreed on, one party determines they are no longer happy with the outcome and wants to reopen it. This is not uncommon and shows the importance of discussing the circumstances that may and may not allow you to open your case again after it has been settled. It is rare that a case will reopen after a settlement, but at Taxman, Pollock, Murray, and Bekkerman, our Chicago accident attorney has the experience you need to help you get the compensation for your injuries that you deserve.
Understanding Reopening a Case
Generally, it is incredibly difficult to re-open a case after a settlement. You may be able to appeal the decision in court if you are unsatisfied with the initial judgment or outcome. However, appeals are not generally considered reopening a case, simply appealing a current decision. If your case has passed the point of appeal and the settlement has been agreed on, a few circumstances may allow the case to reopen. This can include the following:
New Evidence
In the unlikely situation that you recover new evidence in your case that would not have been reasonably available during the case. The new evidence needs to be likely to change the outcome of the previous decision. This is not a common occurrence in a car accident settlement but may be possible.
Errors
If you find errors that may impact the settlement amount, you may have grounds to reopen the case. This may include incorrect names, documentation of injures, or settlement amount.
Fraud
If your settlement decision was based on fraudulent information, this may also be grounds to reopen your case. Again, this information should be something that may have altered the outcome of the case.
Duress
Duress refers to acting because of coercion or force. For example, if you can prove that you agreed to the terms of a settlement under duress, you may be able to open the case again. The legal requirements for duress are generally related to concerns for the life or well-being of you or a loved one, so this can be challenging to establish sufficiently.
Unfulfilled Terms
If the other party fails to follow through on the terms of the settlement, you may seek further legal action. This may not mean you reopen the case, but you may take other action to fulfill the settlement.
Bad Faith Agreement
Sometimes, you may face an insurance company that is determined to make your claim challenging to follow through on to the degree that you agree to a settlement to simply be done. This may not typically be a reason to reopen a claim, but if you have evidence that the insurance company was acting in bad faith, you may have additional legal recourse. Some of the tactics they may use to devalue your valid claim include:
- Requesting unnecessary documentation
- Flat denying a valid claim
- Misusing policy
- Taking excessive time to respond
Considerations for Re-opening Your Case
Suppose you have adequate grounds to reopen your case. Additional considerations to whether this is an option can affect whether this happens. The first is to consider whether you signed a liability release. Part of accepting most settlements is releasing the other party of further liability. Depending on why you want to reopen the case and if the settlement has been paid, this agreement may be void, but it is something to consider.
Yet another consideration to reopening your car accident case is one of time. The statute of limitations for personal injury cases in Illinois is generally two years, according to section 5/13-202 of Illinois Civil Code. These two years are the baseline for the statute of limitations, and there may be exceptions depending on your situation.