Naples Personal Injury Attorney > Blog > Car accident Lawyer > Can I Still File a Lawsuit if I Initially Accepted a Car Accident Settlement Offer From the Insurance Company?

Can I Still File a Lawsuit if I Initially Accepted a Car Accident Settlement Offer From the Insurance Company?

Car accidents often leave their victims with medical bills, injuries, and a growing sense of frustration if insurance companies become involved. Typically, after filing a car accident claim with an insurer, you receive a settlement, but what happens if you want to file a lawsuit and have already accepted a settlement?

Unfortunately, this is a reality for many people. There are often instances when a settlement that seemed reasonable turns out not to be when other factors like worsening conditions and expenses arise. What do you do then?

Our team at the Law Offices of Marc L. Shapiro, P.A. is answering a question on many people’s minds: can you still file a lawsuit if you have initially accepted a settlement offer? The answer depends on your situation, so always discuss the matter with our Florida car accident lawyer.

Can You File A Car Accident Lawsuit After Accepting An Insurance Settlement Offer?

You might be able to file a lawsuit after accepting an insurance settlement after a car accident, but only under exceptional circumstances. This is because most insurance settlements include a release of liability clause.

This clause will prevent you from filing another claim for the same accident. So, in many instances, your right to sue is curtailed. That is why it’s a good idea to speak with a Florida car accident lawyer to help you determine if you can sue despite accepting a settlement.

The Insurance Company Acted In Bad Faith

Based on Florida law, insurance companies are required to negotiate fairly. So, if an insurance company has misled you or withheld key information to get you to settle quickly, you might have grounds to sue. You might also have grounds to sue if an insurance company pressured you into signing, as the settlement agreement might no longer be valid.

Another Party Shares Liability

Just because you settled with one party does not mean you cannot sue another party if they share a level of liability. If someone else is liable in the accident, which is uncovered later after you’ve accepted a settlement, a lawyer can help you file a new lawsuit.

For example, if you were involved in a car accident and settled with one driver and not another liable party, you can sue the other driver involved if it can be proven that they contributed to the accident.

Third-Party Negligence or Defective products

Sometimes, it is only uncovered after you have settled that there is third-party negligence or defective products involved that caused your accident. If you find out that a third party contributed to your accident or a faulty product or dangerous road condition, for example, caused the accident, and you settle, you can then sue the others responsible.

To put it into perspective, say you were involved in a truck accident and claimed from the truck driver’s insurance and settled. Then, you uncovered that faulty brakes contributed to the cause. Since the brake manufacturer wasn’t involved in the initial lawsuit or settlement, you might be able to pursue compensation from them.

Contact Our Florida Accident Lawyers to Discuss Your Settled Case

Insurance companies try to settle as quickly as possible because they hope to offer claimants less than they deserve. Unfortunately, often, circumstances lead many victims to accept settlement offers that go against their best interest.

However, there is a possibility to sue other parties involved and claim further compensation. If you would like to explore your options and want legal advice, you can contact us online or call 239-500-5000, and one of our Florida accident attorneys will speak with you to determine the next steps. Let us at the Law Offices of Marc L. Shapiro, P.A. help you.

By Marc L. Shapiro, P.A. | Posted on March 12, 2025

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