Can I settle an auto accident vehicle payment through other insurer and then sue for medical?

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Can I settle an auto accident vehicle payment through other insurer and then sue for medical?

I was recently in auto accident where the other driver was at fault. I have a witness who gave her statement on the event showing the other driver at fault. The other driver’s insurance found them at fault and offered a full amount for the vehicle. I currently saw a doctor for X-ray scan on feet for injury and awaiting results. Can I accept the vehicle payment and then hire an attorney and sue for medical depending on the results or will my taking the payment prevent me from taking legal action?

Asked on April 27, 2012 under Accident Law, New York

Answers:

Barry J. Simon / The Law Office of Barry J. Simon

Answered 9 years ago | Contributor

Yes. Make sure the release you sign for your auto damages does not release them for your personal injuries. If your injury is serious or even if you think you will need treatment for awhile, I would contact a lawyer. How much is your property damage?


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