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Can I Still Recover Damages?

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roytbum

Junior Member
What is the name of your state? SC

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.
 


ecmst12

Senior Member
You can still file suit. If you don't want to accept their offer, your choices are small claims court, or hire a lawyer.
 

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