If an insurance company sent us a check for a personal injury, what are our rights regarding the bodily injury claim?

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If an insurance company sent us a check for a personal injury, what are our rights regarding the bodily injury claim?

My husband got bit by a dog in the scrotum while at work. We are talking to the insurance company but they sent us this $1,000 check and a letter that says this is an upfront payment and use it for anything we need and the bodily injury claim is still open. Will it be OK to cash the check?

Asked on January 7, 2016 under Personal Injury, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Ideally, you should let an attorney review the check and letter, because the *exact* language used is critical. That said, if you do not want to show it to an attorney, basedon what you write, the check does not preclude you from seeking additional money, but will be credited against the total to which you are entitled: e.g., say you ultimately settle for $2,000; since you have received $1,000 already, you'd get another $2,000.


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