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?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.


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