Personal Injury Law
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If you are talking about an insurance claim with the at-fault driver's insurance company, no this would not be illegal. It would not be illegal because any insurance claim settlement would be conditioned on a waiver of all legal claims, and that in turn would result in dismissal of the lawsuit. Conversely, any judgment from a lawsuit would render the insurance claim moot and the insurance company would simply refuse to pay anything more.
I hope this answers your question.