Legal Question in Personal Injury in Tennessee
should i cash the check
On 10/24/03 myself in my business van and seven others were involved in and accident. The person infault insurance co on 05/22/04 sent me a check for PD which stated, endorsement by payee on reverse side is a release of all persons or entities insured under the policy reference below, and the underlined insurance., for all claims from the loss referred to below, kind of loss (property damage). There is a matter of loss wages since i'm self employed and pain and suffering. My Question is if i sign the check to get my van repaired which i so desperately need, would i be releaveing from other obligations. The adjuster says the check is for property damage only. What do i do. Any help would be appreciated. Thank you
2 Answers from Attorneys
Re: should i cash the check
I would have the adjuster to provide a check which states you are releasing the insured and the insurance company for any claims you may have for property damage only. Otherwise, you could waive your personal injury and lost wages claim.
Re: should i cash the check
It really does sound like all they are asking you to waive is future payment for property damage. However, it would probably be a good idea to either write a letter stating what you believe your agreement is and have the adjuster sign it or have the adjuster write such a letter. If you have any further questions, please feel free to call us in Memphis at 901-527-9600
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