QUESTION
Property Damage in Traffic accident: Can I Cash the Insurance Check and Sue the Driver for the Reminder
Asked on Sep 16th, 2013 on Motorcycle Accidents - California
More details to this question:
My motorcycle was parked. It was hit by a car, whose driver admitted fault. Her insurance appraised my bike and sent a $1400 check. However, the appraiser did not list some of the damaged parts, even though I am sure they are visible in the pictures he took. The additional parts amount to $600, but the insurance has refused to pay for those. They requested I leave the motorcycle to a mechanic to have it reappraised (they refused to send an appraiser at my work place again), but the mechanic could not get in contact with them. Can I cash the check and sue the driver in small claims for the damaged parts which are missing from the original estimate? Or should I sue the driver for the total of $2000? Can I keep the check without cashing it while I sue, or should I send it back?
1 ANSWER
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Once you cash the check it will be considered a settlement payment. If you object to the settlement you need to make it clear in writing that you have not been satisfied with the settlement amount. If I were you I would not cash the check unless you determine in writing that cashing the check will not be considered a settlemt agreement. Good Luck
Answered on Sep 16th, 2013 at 8:26 PM