I never cashed insurance payment because I disagreed with amount. It’s been several years…can I still contest it?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Nov 2, 2016

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Insurance Question from Adams, NC

Asked on 11/02/2016

I never cashed insurance payment because I disagreed with amount. It’s been several years…can I still contest it? I was hit in NC by a driver running a stop sign and deemed at fault. There was no injury and only physical damage. I got 2 estimates for about $4k to repair. Her insurance co had an adjuster examine it and then sent a check for $3k. I didn't agree to it or cash it and still have it. They said if the repair cost more, they might pay the difference. I was going to contest it but got busy and lost track. I came across the file with the uncashed check and it's been almost 5 years since issued. Can I still contest it? Or should I just have the check reissued and move on? Thanks

Answer given on November 28, 2016

If you were not satisfied with the settlement on an auto claim, you should have pursued the disagreement promptly. After a five year period, the insurance company will not be willing to review the claim and settlement with you, since many changes could have occurred to your car in that time. Obviously the cost of repairs to your car will be higher now than they would have been five years ago, so even if you go ahead and repair the car, the amount paid by the insurance company will most likely not be enough to make the repairs.You should contact the insurance company and request a replacement check for the $3,000. They should be willing to reissue the check. In fact it is surprising they have not contacted you about the outstanding check, as most insurance companies do contact their policyholders if a check is not cashed within a certain amount of time, usually a year.

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