Ifan insurance company issued me a for $200 check regarding an accident, should I cash it or should I get more money?

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Ifan insurance company issued me a for $200 check regarding an accident, should I cash it or should I get more money?

I was hit from behind while stopped at a crosswalk. The other driver was at fault. Am I entitled to more money? The reason on the check states,”Full release any/all claims re bodily injury of all passengers.”

Asked on October 24, 2011 under Accident Law, Utah

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Don't cash the check because with that language you quoted on the check, that will be all you will receive.  That $200 is absurd as a settlement.

If you were injured in the accident, when you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means you have reached a point where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of any wage loss.  Your personal injury claim will consist of these items.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  If the case is settled with the insurance company, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the insurance company, reject the settlement offers and file your lawsuit for negligence against the at-fault driver.  If the case is NOT settled with the insurance company, you will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

Your personal injury claim is separate from the property damage claim.  The property damage claim is for the cost of repairs to your vehicle and is usually resolved early in the case.


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