Legal Question in Personal Injury in Arizona
Small Claims Court
If I have accepted a settlement can I sue in small claims? I was involved in an accident, the other person backed into me and her insurances is refuseing to pay more than half...If I accept that can I then sue her for the remainder of the damage?
Asked on 10/18/06, 3:46 pm
1 Answer from Attorneys
James Jenkins
Jenkins Law Center PLC
Re: Small Claims Court
Absolutely not. A settlement is a final disposition of the claim, a contract. You will have to sign a release of all claims as part of the settlement.
This is like asking if a country can accept a truce and then bomb the other side. Yes, but you have another war on your hands!
If you do not feel the 50% is fair, you can take the entire matter to court.
Good luck,
James D. Jenkins
Answered on 10/19/06, 12:35 am
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