Can an insurance company bring me back to court, if I do not want to re-issue a check that they have misplaced?
I was being sued for a car accident that happened in 2008. We settled it for US $4000. I was giving papers that cleared me from the case at the time. Now, I have the insurance company calling me that they never received the bank check. They want me to re issue the check. What should I do? Can they bring me back to court because they lost the check?
Answered By: Andrew T. Velonis, P.C.
Re-issue the check. With the number of checks circulating every day, once in a while one gets lost, so standard operating procedure in the business world is to cancel the old one and re-issue the new one. Just picture it the other way around: suppose you made a claim against an insurance company and they sent you a check and you lost it. You would demand that they issue you a new one, because after all the money was never taken from their account and delivered to you, so it's no loss to them to cut you a new check. It's the same thing for you.
Answer Applies to: New York
Replied: 10/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 10/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Jared Altman
You said it was a "bank" check. That's like cash. I wonder how you gave it to them. By hand, ordinary mail, certified mail return receipt? Can you prove that that got it? If so, then I wouldn't give them a dime. They lost a bank check. It's tough on them.
Answer Applies to: New York
Replied: 10/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 10/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
More Questions on Auto Accident
- Where can I get help to pay for medical bills after a slip and fall?(12/8/2011)
- How is negligence determined in personal injury cases?(11/17/2011)
- How should I receive compensation from a car accident?(11/9/2011)
- Should I sue because of the accident?(11/9/2011)
- Can I still sue for a possible malpractice that happened years ago?(11/9/2011)
- Can I file a personal injury lawsuit if I was abused?(11/9/2011)
- Should I file a malpractice personal injury lawsuit?(11/9/2011)
- Who is legally responsible if a minor gets into a car accident?(11/9/2011)
- Can I sue after being involved in a house fire?(11/9/2011)
- Can I sue the brand name company for product liability?(11/9/2011)
- Can I sue the hospital if I was injured during child birth?(11/9/2011)
- Would the groomer be responsible for the vet bill?(11/9/2011)
- Are you responsible for damages if an accident happened on private property?(11/9/2011)
- What should I do if my employer assaulted me at work?(11/9/2011)
- Can I sue the babysitter for negligence?(10/27/2011)
- If I was at fault in a car accident, should I still hire a personal injury lawyer to defend my case?(10/27/2011)
- How do I know if I have a legally valid personal injury claim?(10/26/2011)
- Is it possible to get paid for past medical treatments?(10/17/2011)
- Can I sue for personal injury if my airbags did not deploy in a car accident?(10/17/2011)
- Is there anything I can do to prevent getting sued for an accident?(10/17/2011)
