By cashing an insurance check, am I closing my claim?

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By cashing an insurance check, am I closing my claim?

The insurance adjuster and the auto repair shop where I took my car for repairs reached a decision of how much they felt the repairs would cost. The insurance company sent me a check for that amount. I have paid for the repair with my visa. The auto shop did none of the work they charged for. The car is now sitting in my driveway unrepaired.

Asked on April 7, 2013 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Typically, cashing a check from an insurer does settle a case, or prevent you from seeking more from either that insurer or from the party (i.e. the person or business) they represent, though you could still potentially bring a legal action against an unrelated party. Example: say you were in a three-car accident and both other drivers were at fault. If you took a settlement check from driver A's insurer, you would be settling your claim vs. A, but may still be able to sue driver B.


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