UPDATED: Oct 1, 2022
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My car was hit in my mother’s driveway. The other person’s insurer estimated it would be $649 and wants to send me a check. My preferred auto body place can’t fix it for about 2 months. If I cash the check does that mean they do not have to pay me more, if it ends up costing more?
Asked on November 27, 2017 under Accident Law, New Hampshire
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If when you receive the check--or prior to you receiving the check--you receive *anything* in writing to the effect that by accepting (e.g. cashing) the check, you accept the check as payment in full or give up your right to sue for more, etc., then in cashing it, you would be limiting yourself to the amount of the check. In this case, you could not later seek more money, because you would have agreed that the check was all you would get.
However, if you do not receive any written statement that accepting the check in any way settles or resolves the matter or limits your ability to seek more money, then you could seek additional funds if necessary. You have to agree that the check settles the case fully for it to do so.
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