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  1. #1
    Join Date
    Mar 2008
    Posts
    1

    Default Can I Still Recover Damages?

    I was rear ended at a stop light in October 2006 in Charleston, SC. The other driver was at fault and was issued a citation. I initially had symptoms of nausea and sharp tingling pains in my left arm. I went to the doctor two days later and they diagnosed me with whiplash and soft tissue damage. I had two more doctors appointments and then was referred to physical therapy. I had seven sessions of physical therapy which did not help a great deal so they suggested that the only other alternative would be going on a series of cortizone shots which I opted not to do at the time.

    In April 2007, I sent all medical bills and reports, as well as documentation from my employer concerning lost wages from work. I also informed that insurance company of my new address, because I was moving at the time. The medical bills totalled $1400 and lost wages were $600. The insurance company responded with an offer of $1700 to settle the claim. I, of course, thought this was outrageous, but was moving at the time and did not immediately respond to the offer. I received no future communication from the insurance company until September 2007 when I received a check for $1427 that had been forwarded from my old address. There was a simple letter stating that this check was a full and final settlement of my claim.

    I did not cash the check, but I have also not sent it back. I planned to send the check back with a letter stating that this was not satisfactory but procrastinated and failed to do so. I noticed that the check was void after 180 days. Does this mean I can no longer collect for damages? There's still 7 months left before the statute of limitations is up. Thanks for your help.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can I Still Recover Damages?

    If you have not cashed the check, you have not agreed to the settlement so you are free to do what you wish.

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