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Can I Still Sue if I Settled with the Insurance Company?

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Apr 27, 2026

Read Time: 4 mins

Once a car accident claim is settled with the insurance company, that is generally the end of the matter. However, there are a few exceptions. A person in this situation needs representation by a seasoned lawyer. An experienced car accident attorney at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. can advise whether your settlement falls into this gray area.

Release of Liability

In settling a claim, you signed a legally binding contract known as release of liability. That means you have released the at-fault party from any more responsibility regarding the accident. It is a condition of accepting the proceeds from the settlement.

Should you discover the accident caused an injury you were unaware of when signing the release, there is little else to do. You are on your own for other medical bills, lost wages, and related costs. You cannot receive further damages.

It does not matter if you later discover your claim was worth much more. This is frequently the case when the accident victim fails to seek legal advice before settling with the insurance company. Understandably, you wanted a quick settlement after a car accident injury. It affected you physically, emotionally, and financially. Because you agreed to a settlement, the insurer has written off your claim. A car accident lawyer could have gotten you the maximum compensation for your injuries.

If You Did Not Sign the Settlement

If you did not sign the release of liability, thus not receiving the settlement, you can back out of the agreement and file a lawsuit. Your attorney knows a fair value for your case and will advise you accordingly.

Fraud

If it turns out that your settlement was based on fraud, you may have the ability to reopen your claim. If you can show the at-fault party’s insurer negotiated with you and your lawyer in bad faith during the settlement process, you could have a case. However, these are challenging allegations to prove.

Multiple Parties Involved

If there were multiple parties involved in your accident and you only settled with one of them, you can still pursue a personal injury lawsuit against the others. Make sure your release of liability does not include other parties involved in the accident.

Every accident is unique. Perhaps you signed a waiver worded that “all known parties” were released from liability. You cannot sue the defendants and their insurers again. However, if it turns out that some party– who was unknown at the time of the crash– held partial liability, you may be able to reopen the claim.

What You Should Do Before Settling

Before settling any personal injury claim, obtain legal advice. You need someone representing your interests to negotiate with the insurance company. After any accident caused by another party’s negligence or recklessness, seek immediate medical attention. That is true even if you do not think you are hurt. Some injuries do not appear right away.

A prompt medical examination and diagnosis are crucial for your claim. If you wait to seek medical treatment, the insurance company may argue that another event was responsible for your injuries.

Gather every bill and receipt connected with your medical expenses. In addition, document your losses from missed time at work.

Contact a Rockland County NY and Bergen County NJ Car Accident Lawyer

If you or a loved one settled with a car accident claim with the insurance company but feel that the settlement was unfair, you need the services of a Rockland County NY or Bergen County NJ car accident lawyer at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

Call or text us 24/7 or complete our online form to arrange a free consultation. After reviewing your claim, we will determine whether you have grounds for a personal injury lawsuit. All calls are confidential.

Why Trust Us?

150+ Reviews

50+ Years of Service

Full-Service Law Firm

Client Reviews

    
 
 
      Posted on Google  
   LWelsh 
 16 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
     Posted on Google  
   Kenny Perlow 
 37 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
     Posted on Google  
   Aliza Ali 
 101 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
     Posted on Google  
   Jana Montero 
 104 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
     Posted on Google  
   Mike Sakmann 
 110 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
     Posted on Google  
   Liz Hecker 
 116 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
     Posted on Google  
   Brandy Miller 
 139 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
     Posted on Google  
   Mike Greenspan 
 152 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
     Posted on Google  
   Jonathan Sampson 
 159 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
     Posted on Google  
   Vinnie Kung 
 162 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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Can I Still Sue if I Settled with the Insurance Company?

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