Can a Fargo Car Accident Claim be Reopened?
1st September 2023
There were 9,585 motor vehicle crashes in North Dakota in 2021, leading to 101 deaths and 3,947 injuries. If you suffered an injury or lost a loved one in a wreck that was someone else’s fault, filing a car accident claim will be critical. It will be the only way to receive compensation for all the expenses you’ve incurred due to the accident.
But what if you’ve settled your claim but later realized you didn’t get the money you deserve? Can you reopen that claim? In the vast majority of instances, you can’t.
That’s why you need a skilled attorney. At Sand Law, we’ll work to help you get every dollar you have coming for all of your accident-related losses. Schedule a free consultation by calling 701-609-1510 or contacting us online.
Understanding Fargo Car Accident Claims
A car accident claim helps those not to blame for a wreck seek compensation for damages incurred in an accident. These damages, or financial losses, can include vehicle repairs, medical bills, lost wages, and pain and suffering. Filing a claim is essential to recover from your financial burdens and return to normal.
Circumstances Under Which a Claim Might Close
A car accident claim can close under various circumstances. For instance, if both parties agree on a settlement, the court considers the claim resolved, and the at-fault party’s insurer pays compensation. About 95% of personal injury cases are settled.
Another possibility is that the insurance company will accept the claim. If that happens, the insurer will pay the person filing the claim. If the insurer denies the claim and the person takes no action, that will end the process.
You must file a claim within a specific timeframe, also known as the statute of limitations. If this period expires, you might lose the opportunity to take any action. North Dakota’s statute of limitations for personal injury cases is three years.
Can You Reopen a Closed Claim in Fargo, North Dakota?
In most instances, once a car accident claim settles, it’s considered final. However, there are exceptions:
- Fraud: If you uncover fraud, such as falsified evidence, the court may reopen the claim.
- Errors in the settlement agreement: The court could also revisit the claim if there were mistakes or misunderstandings in the initial settlement agreement.
- Refusal to abide by the settlement terms: If the other party fails to uphold their end of the settlement, the court might reopen the claim.
It’s essential to know you can’t reopen a claim just because you didn’t get enough money. The case is over once you sign the settlement agreement and receive compensation. Please never agree to a settlement without getting the advice of an attorney.
Steps to Consider if You Believe Your Claim Should Be Reopened
Again, you should know that car accident claims rarely reopen once settled. But you have some options if you believe there are valid reasons to reopen your case.
- First, you should speak with an experienced lawyer. They’ll tell you whether or not you have grounds to revisit the claim.
- Next, gather all relevant documents, medical records, and any other proof supporting the reopening of your case.
- Communicate with your insurance provider, detailing the reasons and evidence that warrant reconsidering your claim’s closure.
- Alternative dispute resolution: If the insurance company refuses to reopen the case, consider mediation or arbitration as alternative paths to resolution.
Sand Law is Ready to Help
While car accident settlements are generally considered final, there are limited scenarios in which the court can revisit a claim. If you believe you have valid grounds for reopening, act promptly. Consultation with a lawyer, evidence collection, and communication with your insurance provider are vital steps in pursuing justice.
At Sand Law, we’ll immediately tell you the truth. If we feel you have grounds for a new case, we’ll tell you – if we don’t, we’ll also tell you that. You can schedule a free case review by using our online form or by calling 701-609-1510.