Will cashing an insurer’s check affect a personal injury claim?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Will cashing an insurer’s check affect a personal injury claim?

My son was in a car accident. The other person’s insurance who hit him sent us 2 checks – 1 for the towing fees I paid, 1 for the value of his car. If I cash these, will it excuse any personal injury settlement?

Asked on November 16, 2010 under Accident Law, New Hampshire

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

The main issue is, don't sign anything indicating that you are giving up your right to sue for personal injuries. As long as you don't waive your right to sue for those damages, you should be ok. Also, make sure it's clearly denominated, either on the checks or on accompanying paperwork or other correspondence what those payments are for, so they are only applied against the correct charges or damages. (i.e. even if you don't waive your right to sue, you don't want it to be the case that the insured or insurer can offset these checks, which are not for personal injuries, against any personal injury recovery). However, as long as it's clear what these payments are for--and also, again, that you are not waiving any right to sue for personal injuries--you should be fine. Make sure you read ALL paperwork closely.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption