If I accept a partial payment regarding damages to my car from an accident, canI still sue for the balance?

My car was damaged on the road by negligence of a construction crew. They accepted liability. They told me to get an estimate for the damages. After doing so, and being told they would take care of it, they then sent me a check for partial payment. If I cash check am I agreeing to this being the total amount they owe or can I still go after the remaining balance of the repairs?

Asked on December 19, 2010 under Accident Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Here is my concern:  WHO sent you the check?  Did the construction company submitted it to their insurance company?  Did you file an accident report I hope and did you notify your insurance company as well? Did you have coverage for this damage?  If yes, then your insurance could have paid for it and then subrogated against the liable party.  And what other paperwork have you gotten from the liable party?  An admission of liability?  Did they send a release with the check?  I really think that you should go and seek some legal consultation on the matter here and try and figure out the next move.  I would not cash the check until you do so.  Good luck.


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