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Ordinarily, when a personal injury claim is settled by an insurance company it is settled with regard to ALL claims the injured party can bring against the insured. However, it is conceivably possible to settle only one aspect of a legal claim, such as a claim for medical bills or physcal pain and suffering. Your insurance company's obligation to provide coverage depends on the language of your policy, so it would be a very good idea to look it over in great detail to determine exactly what is covered.
If the policy specifically excludes claims for emotional distress
, it is possible that such a claim would survive the settlement, provided that the language of the settlement agreement clearly indicated the intent for an emotional distress claim to survive. This would be highly unusual.
So, is it possible for the insurance policy to only cover the bodily injury aspect of damages and not claims for emotional distress or pain and suffering? Yes, but the policy would need to expressly limit coverage in this respect. Assuming the policy did limit coverage and that the settlement agreement made clear that it was not a "general release" to extinguish all subsequent legal claims, then it may be possible for them to come after you personally--but these are a LOT of "if's." The first step is to review the policy. If you don't have it, you'd be wise to request a copy from your insurance provider. Take things from there once you understand specifically what the policy includes.
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to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.
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