Auto Insurance Claims: back injury, insurance comapny, car party


Question
I was involved in auto accident 1/08. Party A was declared at fault..they hit Party B..and Party B hit me, Party C. Party A insurance paid to fix my car. Party B hit and run and no lic to drive and was cited after the fact.
I signed release that I was ok and Party A insurance paid 500 for massages for my stiff back.
10/08 I underwent back surgery, and have not been the same since. I signed release with Party A. Can I go back, or can I file suit against Party B (who actually broadsided me) since I signed release with Party A...and Party B can go back to Party A for any monies they pay me for injuries?
Please trust me when I say Ill NEVER make this mistake of signing a release EVER again. Thanks for your time and response.

Answer
Hi Gina,

You can not go after party B at all. Party B was hit by party A and pushed into you so Party A is fully responsible for all damage that resulted.

In most cases, once you sign a release form you can not make any further claims. However, I have heard of someone doing this if it can be proven that your surgery was needed as a direct result of the auto accident and that noone including your doctors had any idea that your injuries were as severe as they are. If that is the case you will not be able to do this on your own. You will need to find an attorney that would be willing to take the case. The insurance comapny will fight this vigorously and the case will almost certainly end up in court.

I hope this helps
Richard Hixenbaugh