After an accident the other insurance company provided a check for repairs to my motorcycle, does this constitute settlement?

Asked almost 3 years ago - Kaneohe, HI

Rear ended on a motorcycle by a mini van, police statement claims no braking attempted by party at fault. mt wife was thrown from bike and I was on the bike throughout. No major injury was noted but follow up with primary care physician continues for minor issues. Check provided by their insurance company for repairs, I have done nothing with the check, awaiting advice.

Attorney answers (2)

  1. Jeffrey Mark Adams

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Please contact a personal injury attorney in Hawaii. In New York if you endorse the check it would constitute settlement of all claims; unless the check states what it is for (ie. property damage only) or a restrictive endorsement (ie. partial payment, not for personal injury, etc.) on the back of the check.

    Most attorneys are very glad to answer a question or so. As an aside, major injury is a relative term. Seek out the appropriate medical attention.

    Jeff

  2. Donald Curtis Kudler

    Contributor Level 15

    Answered . I am licensed in Nevada, but this answer should apply in Hawaii as well.

    Did you sign anything before getting the check such as a settlement agreement? If so, this may be for property damages only or for all damages arising out of the accident. You should check that document if there was one. You can also look to the check itself to see if it is limited to property damages or all damages arising out of the accident.

    If you are injured, you should contact and experienced personal injury to assist you in the case.

    Hope this helps.

    /s Donald Kudler
    http://www.capandkudler.com

    This answer does not create an attorney client relationship and does not constitute legal advice, but is solely... more
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