What to do if my car was totalled in an accident and I received 2 separate checks from the insurance company totaling more than my vehicle is worth?

The first check was for the visible damage on the outside of the vehicle. The second check was given to me to cover the vehicle after it was totalled. I was told not to bring the check in to exchange it for another one and that the second check would be the remaining balance owed to me for the vehicle. The check that I received was what I thought the entire settlement was to be for. I did not realize it until the car ride home. Am I in danger of legal action because I accepted this check?

Asked on July 15, 2012 under Insurance Law, Colorado


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Assuming you have not deposited either check that you received with respect to your car settlement, I would call the claims adjuster about the concerns you have wirtten about and get some instruction as to what to do with the checks.

Follow up with the telephone conversation with a letter to this person memorializing what was discussed and do as instructed. Keep a copy of this letter for future reference and need.

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