Do I have any legal recourse with any party involved in an accident, such as the driver, his company, or the insurer?
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Do I have any legal recourse with any party involved in an accident, such as the driver, his company, or the insurer?
About 2 months ago, I was rear-ended in an accident that resulted in the total loss of my vehicle. This accident was ruled as the fault of the party who struck me. He was going about 60 mph and failed to stop with the rest of traffic. I never seeked medical attention but have had some lingering issues. The real issue is as follows his insurance company totaled out my car at a value of approximately $5,600. Then gave me a settlement of $975. Gap insurance covered about $5700, leaving me with $1500 to still pay on a car I no longer have. I’m pretty sure I know the answer but do I have any legal recourse?
Asked on May 11, 2017 under Accident Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You can sue the at-fault driver for your remaining loss IF any settlement papers you signed when getting the money from his insurer did not say that you were accepting the money as payment or settlement in full of any and all claims, or otherwise were giving up your right to sue in exchange for the money. If you did sign anything limiting your ability to sue or stating that your claims were fully paid, you can be held to that: what
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