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Rolando Cantu is the founding attorney of the Law Office of Rolando D. Cantu. He is committed to providing aggressive and high level legal representation—successfully defending clients charged with state and federal criminal offenses. He works on every case as a priority with personal attention, while prioritizing their needs. 

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515 Pecan Blvd. McAllen,

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Can Someone Sue After a Car Accident Is Settled?

August 29, 2022

Can Someone Sue After a Car Accident Is Settled?

If you have been in a car accident, you may be wondering if someone can sue after the car accident is settled. This is a question that many people have, and the answer is not always clear. In this blog post, we will discuss when someone can file a lawsuit after an accident has been settled. We will also talk about some of the factors that may influence this decision.

1. Can someone file a lawsuit after an accident has been settled?

First of all, let's answer the question: can someone file a lawsuit after an accident has been settled? The answer to this question is maybe. If the accident was settled through an insurance claim, then the chances of filing a lawsuit are slim. However, if the accident was not settled through insurance, then the chances of filing a lawsuit or a car accident claim are much higher.


There are a few factors that will influence whether or not someone can file a lawsuit after an accident has been settled. These factors include:


  • The severity of the injuries sustained in the accident
  • The amount of property damage that was caused in the accident
  • The state in which the accident took place
  • Whether or not there was any negligence on the part of either party


If you have been in an accident and you are wondering if someone can fill personal injury claims or pursue compensation against you before an insurance company has paid out, it is important to speak with an experienced car accident lawyer. They will be able to review your case and help you understand your legal options.

2. What factors influence this decision?

In a car accident case, there are a few different factors that will play into whether or not someone can sue after the accident has been settled.


First, the severity of the injuries will be taken into consideration. If the accident resulted in serious injuries, then it is more likely that a lawsuit will be filed.


Second, the amount of property damage that was caused in the accident will also be considered. If there was a lot of damage to either vehicle, or if there was damage to other property, such as a fence or building, then it is more likely that a lawsuit will be filed.


Third, the state in which the accident took place will be taken into consideration. Each state has different laws when it comes to car accidents and lawsuits. In some states, it is more difficult to file a lawsuit after an accident has been settled.


Fourth, whether or not there was any negligence on the part of either party will also be considered. If one of the drivers was speeding, or if there was some other form of negligence, then it is more likely that a lawsuit will be filed.

3. How can someone protect themselves if they are involved in a car accident?

If you are involved in a car accident, there are a few things that you can do to protect yourself.


  • It is important to get the contact information of the other driver, as well as any witnesses to the accident.
  • You should take photos of the scene of the accident, as well as any damage to your vehicle.
  • It is also important to get a police report, as this can be helpful in filing a car accident claim.
  • If you are injured in the accident, it is important to seek medical attention as soon as possible.
  • You should also keep track of any expenses that you incur as a result of the accident, such as medical bills, property damage, and lost wages.


If someone files a personal injury claim against you, or if they file a lawsuit, it is important to speak with an experienced car accident lawyer.

The insurance settlement process can be complicated, and an experienced lawyer will be able to help you navigate it. Every car accident settlement is different, and an experienced lawyer will be able to help you understand your options and get the best possible outcome for your case.

4. Can an insurance company refuse to pay for damages after an accident has been settled?

As we mentioned at the beginning of this blog post, chances of getting sued after a settlement are slim, but there are still chances. In some cases, the other driver's insurance company may refuse to pay for damages after an accident has been settled. If this happens, the person who was involved in the accident may have to file a personal injury claim or a lawsuit against the insurance company.


Also, when their settlement agreement has been met, the insurance company may choose to cancel the policy. If this happens and the other driver was at fault, they may still be held liable for any damages that were caused in the accident.


There are a few different reasons why an insurance company may try to do this.


  • First, the insurance company may claim that the accident was not covered by the policy.
  • Second, the insurance company may claim that the damages were not severe enough to warrant a payout.
  • Third, the insurance company may try to say that the other driver was at fault for the accident.
  • Fourth, the insurance company may claim that you were not injured in the accident.


If the insurance company tries to refuse to pay for damages, and the other party tries to file you, or your own insurance company does not cover the damages, you will have to hire a lawyer and go through the court system to get compensated for your injuries. It is important to speak with an experienced
car accident attorney. They will be able to review your case and help you understand your legal options.

5. What should you do if you are contacted by an insurance company after an accident has been settled?

Car accident lawsuits can be complicated, and if you are found to be the at fault driver in an accident, you may be contacted by the other driver's insurance company, even if you settled the case out of court. If this happens, it is important to speak with an experienced car accident lawyer before you speak with the insurance company. If you don't have a lawyer, the insurance company may try to take advantage of you and get you to agree to a low settlement. Here are some things to consider in this cases:


  • The insurance company may try to get you to make a statement about the accident, and they may try to get you to sign a release of liability.


  • You should not make any statements about the accident, and you should not sign any releases of liability. 


  • The insurance company may also try to get you to agree to a low settlement. You should not agree to any settlements without speaking with a lawyer first.


  • If the insurance company contacts you, you should tell them that you have a lawyer and that they should contact your lawyer.


If you are contacted by an insurance company after an accident, the best thing to do is to refer them to your lawyer. Your lawyer will be able to handle all communication with the insurance company, and they will be able to protect your rights. Contact an experienced car accident lawyer today to learn more.


We hope that this blog post has been helpful. If you or someone you know has been involved in a car accident, contact us today to learn more about your legal options. Our experienced car accident lawyers are here to help.

Get a fair settlement with a car accident attorney

As you have seen, there are many potential complications that can arise after a car accident has been settled. If you have been involved in an accident, it is important to speak with an experienced car accident lawyer. They will be able to review your case and help you understand your legal options.


At the Law Office of Rolando Cantu, we have helped many people who have been involved in car accidents. We understand the challenges that you may be facing, and we are here to help. Contact us today to schedule a
free consultation or call us (956)-267-9898. We will review your case and help you understand your legal options. You don't have to face this alone. We are here to help.

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