Can You Be Sued After Your Insurance Company Pays?

It is a considerable feeling of relief when your insurance company settles a claim following a motor vehicle accident. And, while you may feel as if you are "in the clear," there are limited provisions within Texas statutes regarding accident victim rights which do allow the other party to pursue additional litigation. Thus, it would be best if you discussed these possibilities with your automobile accident attorney in San Antonio, no matter how rare this happens or how limited the risk may be.

Coercion & Fraud

The other party can sue you if they prove that you attempted to coerce the other party or deliberately acted with fraudulent intent. For example, by contacting the other party privately to discuss the case, harassing them, harassing their witnesses, fabricating evidence, providing false testimony, filing false police reports, etc. Under Texas statutes, these and other actions that can taint a settlement can expose you to considerable penalties and judgements.

Additional "At Fault" Parties

You can be sued even if you weren't named as the original defendant. For instance, if you were the passenger in either vehicle and it is determined that your actions contributed to causing the accident. Examples of this can include any action that distracts the driver or prohibits them from operating the vehicle in a safe manner. It can also include anyone who performed maintenance on the vehicle, if it's determined that improper maintenance contributed to the accident.

Proactive Protection Is Always the Best Defense

Car accident settlements in Texas are legally binding. Once signed, the agreement should protect you from all further litigation. Thus, it is imperative that you carefully review the settlement with your attorney to ensure that it protects all parties involved. This includes yourself, your passengers, and anyone directly or potentially affiliated with the lawsuit. While it is rare for additional lawsuits to be filed after a settlement is agreed upon, it can and does happen—the more thorough your attorney, the less chance of it happening to you.

We encourage you to contact the team at Welmaker Injury Law at (210) 828-6033 to learn more about auto accident victim rights in Texas. We are happy to answer your questions and provide you with the legal services you need to protect your rights successfully.