Expert: Doctor Settlement - 5/22/2006

Question
I took a check from an insurance company for damages. Can I change my mind and renegotiate?  A guy hit my parked car. I took it to his insurance company s (Allstate) body shop (Sterling) and they gave me a check for damages. I think I may have not gotten a fair settlement. Since I did not cash the check yet (only been two days) can I visit another body shop for another estimate to determine if I received a fair settlement? Does my acceptance of this check mean that I have lost any rights to further compensation? I think maybe the guy lied to me because he said if I took my car to the dealership they would just  total out  the car and not fix it, (he was saying that their estimate would be significant higher)that I would lose my car somehow because the insurance company would then be forced to sell it or something like that?  

Answer

Dear Ken,

You are not bound by your settlement if you have not endorsed the check.  They did not have you sign a release in the claim yet, I presume.  But even if they did, you can still go back on it if you find that your release was procured by some kind of deception on their part.

So what is it that you think you are missing out on?  You can take their estimate and your vehicle to any shop you wish and see what they would say.  

On the issue of totaling the car, it is true that your choice of body shop (as is your right) could yeild a higher estimate, which could push the claim over from one of repair of your car to one of totaling your car.

I would not wish for a totaling unless you can afford it.  In other words, there are costs involved in starting over with a car search; whereas if they can repair your car to your satisfaction, there are some real advantages in not having to take on a newer car with its monthly payments.

I trust that my time here has produced some information that has been of value to you, and thus I would respectfully request that you locate the feedback form on this site and leave some feedback for me.

Best Wishes,

Dr. Settlement, J.D.
http://www.SettlementCentral.Com