Cashing a settlement check that was made out to you when it was a work related accident.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Cashing a settlement check that was made out to you when it was a work related accident.

My husband got into a car crash while on the clock and in his company car. The other insurance company sent him a settlement check, his company car insurance won’t respond with what to do.

Can we legally cash the check with no repercussions since the check is personally made out to him?

Asked on October 26, 2017 under Accident Law, Iowa

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you cash a settlement check from the other driver's insurance company, there is a good chance that doing so will fully "settle" (as the term "settlement" means) any claims against the other driver; that is, you might not be able to sue the other driver for any more money or larger amounts. If the settlement represents about all you were thinking of seeking, or is enough that you'd give up any surplus to avoid having to sue--or if you weren't even thinking of suing in the first place--you can cash it: it's only effect would be to give up claims you are not interested in pursuing anyway.
If you think you may be entitled to more from the other side, bring a copy of the check and any correspondence that came with it, plus any police or accident reports, to a personal injury attorney to review with you: he or she can help you determine if you'd be giving up any rights by taking the check and also what your claim might be worth--and therefore, if you should cash the check or else seek more money or sue.


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