Do I have any legal recourse with any party involved in an accident, such as the driver, his company, or the insurer?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Do I have any legal recourse with any party involved in an accident, such as the driver, his company, or the insurer?

About 2 months ago, I was rear-ended in an accident that resulted in the total loss of my vehicle. This accident was ruled as the fault of the party who struck me. He was going about 60 mph and failed to stop with the rest of traffic. I never seeked medical attention but have had some lingering issues. The real issue is as follows his insurance company totaled out my car at a value of approximately $5,600. Then gave me a settlement of $975. Gap insurance covered about $5700, leaving me with $1500 to still pay on a car I no longer have. I’m pretty sure I know the answer but do I have any legal recourse?

Asked on May 11, 2017 under Accident Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can sue the at-fault driver for your remaining loss IF any settlement papers you signed when getting the money from his insurer did not say that you were accepting the money as payment or settlement in full of any and all claims, or otherwise were giving up your right to sue in exchange for the money. If you did sign anything limiting your ability to sue or stating that your claims were fully paid, you can be held to that: what

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption