I was rear ended in an auto accident in nj

[truckie936]

I was rear ended in an auto accident in NJ and the insurance company that insures the vehicle that hit me just sent me a check for $500.00 for out of pocket expenses that I have been incurring for Dr. as I have neck and back problems now.I contacted the insurance company that issued the check ( AIG) and asked them that if I cashed the check does that mean that I can not take any other legal action as far as pain and suffering from problems I am having do to the accident and the person got real nasty and told me that if I want to send the check back ,to just send it back,but they never answered my question as to if I can take any further action.Can I take any further action against that person insurace company or the person themselve if I cash the check.

[fcobarr]

What does the letter say that came with the check? Any fine print saying that the check is a full release of liability against their insured?

I wouldn't cash the check if I was in need of further medical treatment. Wait until all treatment is complete and then submit your demand letter. Consult an attorney if necessary. I believe you have up to 2 years to file suit.

[truckie936]

It says " Bodily injury full and final settlement"...... Also are there any laywers who get paid at the settlement so i dont have to put any money up out front as I dont have it

[fcobarr]

" Bodily injury full and final settlement"...... sounds like you shouldn't cash it if you intend to make a future claim

Also, you would want to wait until your treatment is complete to see which injuries are permanent and what your total medical bills are.

Yes, many lawyer's work on contingency. However, for an attorney to do so, you need to contact them, get a consultation and they will tell you the merits of your case and it's up to them if they want to take it on contingency or not.

Good luck.

[mikez]

Depending on the severity of your injuries it might be or might not be worth filing suit against the other person's insurance company. Concentrate on getting better and keep good documentation of your injuries and any costs incurred. If you do decide to retain a lawyer, just remember they take 1/3 of whatever money they collect right off the top, just for sending demand letters to the insurance company (and/or going to court if necessary). In a rear end case it is usually cut and dry, the insurance company won't fight it because they know their driver is in the wrong.

Getter better, and good luck.

[roomservice]

I was in the middle of a settlement with Aig and they just sent me a check, that is a sick joke, send it back. As mentioned above, get better, find out what your medical problems are.

[Zigner]

Originally Posted by mikez

Depending on the severity of your injuries it might be or might not be worth filing suit against the other person's insurance company.

This is WRONG. You would NOT file suit against the other party's insurance company. You would file against the other party!