Q: Can I sue a drunk driver after taking insurance settlement?
I was involved in an accident with a drunk driver in July 2023 and received an insurance settlement. I experienced scarring and bruising from my legs to my neck. I no longer have access to the settlement agreement, so I'm unsure if it includes terms about pursuing further legal action. Can I still sue the drunk driver?
A: It depends on whether you settled with your own insurance company or with the drunk driver's insurance company. If you settled with the drunk driver's insurance company, the settlement almost certainly included a release of all claims by you against the driver.
A: It could be difficult for any attorney to advise you without the benefit of seeing the settlement agreement. If the agreement included a standard release form used by most insurance carriers, then it would be likely that all bets are off in terms of further recovery. If you want a definitive answer, you need to find that release, whether through your former attorney or through the attorney for the insurance carrier. Good luck
Raymond Chow agrees with this answer
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