So my friend got into a car accident and it was not his fault. He got rear-ended and it wasn't a major crash. His bumper and truck were damaged badly but the car still drives. He didn't seem to suffer any injuries from it. He and the lady who rear-ended him exchanged information. He talked to the insurance company and got reimbursed for his car repair and everything seemed to be taken care until recently he complained that his neck started hurting and he thinks it's from the accident. Can he sue even after receiving the policy settlement for his car damage?

Merely receiving a settlement from your insurance company does not bar your right to bring a lawsuit unless you have signed the settlement agreement form, which bars any subsequent lawsuits regarding the issue with a clear language. If your friend did not sign such form (which I am assuming from the lady's insurance company), he can still bring a lawsuit.

Tell your friend to talk to the insurance company first. The insurance company will allow more settlement for personal injuries within the policy limit.

Even if he did sign the settlement agreement containing that he wouldn't sue, note that what that settlement entailed was for property damage. Now, he is claiming personal injury against the insurance company. These two are different issues and he can probably still claim for his personal injuries.

Yes and this case has never been litigated with a final judgment so res judicata shouldn't bar any subsequent claims. So any agreement not to sue after receiving a settlement is a contractual agreement that could govern the case.

Well, he should probably see a Doctor to get a diagnosis on the injury. He should consult the physician to see if he/she thinks this injury could have been caused by the accident. If it is determined that this is so then it would likely be wise to consult an attorney. Has he looked into Indianapolis personal injury attorneys or any in your area?

These car accidents are usually caused by reckless driving.Moreover, the injury of the victims are aggravated if they did not follow precautionary measures while on the road like fastening their seat belts properly.If a child is on board, booster seat is helpful to prevent injuries.Children in a car, who are not fastened with a seat belt or who are not placed in an appropriate sized and correctly fitted child seat, may be seriously injured or even die in a car accident.Moreover,I have read a while an article entitled Half of booster seats unsafe says insurance group. It tells about the report that the Insurance Institute for Highway Safety has published a report saying half of booster car seats it analyzed were not safe for kids. Screening says an array of booster car seats brought on seat belts to fit incorrectly, raising risk of accidents.Thus, it is really a must to ensure the safety to avoid untoward car accidents.

He should still be able to sue.

Hm..no doubt he is.......