Can I settle for personal injury only and still sue for property damage since the at-fault’s insurer has them separated?

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Can I settle for personal injury only and still sue for property damage since the at-fault’s insurer has them separated?

Asked on January 31, 2014 under Accident Law, Indiana

Answers:

Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

You can always settle a claim any way you like, but be very careful what you sign.  In order to settle the personal injury claim, the insurer is going to want you to sign a waiver.  Make sure you do not waive your rights to recover for property damages from the same accident.  I know of at least one case where a plaintiff recovered for property damages in small claims and then was precluded from recovering anything for personal injury.  


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