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 6 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.


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