If I was hit broadside by someone who ran a red light, can I settle on the car and still keep the claim open for any possible injuries from the crash that may show up?

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If I was hit broadside by someone who ran a red light, can I settle on the car and still keep the claim open for any possible injuries from the crash that may show up?

My car was totaled.I was offered over the phone a fair settlement but when he found out I have gap insurance he is trying to lower his offer.

Asked on June 25, 2015 under Accident Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It depends on the terms of the settlement. If the settlment agreement states that you are settling all claims arising out of the accident, then that would preclude you from pursuing a claim for injuries later. If the settlement agreement only states that you are settling property damage claims, but reserve the right to bring claims for personal injuries if such are later discovered, you would be able to do this. In the absence of a clear reservation of right to bring other claims later, most courts would likely conclude that in accepting payment, you did settle all claims.


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