• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

some advice please

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Northman

Junior Member
What is the name of your state (only U.S. law)? Massachusetts


I was parked legally on the street and was backed into by a school bus. I got an estimate on my damages which was approximately $3,300.00. The busses adjuster priced the damage at approximately $900.00. I know my estamate was probably a little high but that is a big difference. I figured around $2,500 in damage. I spoke with their adjuster and told her about the estamate I had gotten. She stated that they did not go by my estamate and would send me out the check for $900.00. I told her not to, that we should decide on a fair amount. She stated that she was sending the check and when the body shop began fixing the vehicle that they could talk to her to try to recover the additional money. I am not going to cash the check or sign anything. I will get another estamate but what should be my next move? the accident occured on 1/5/2011 and it's 1/21/2011. I need the car and didn't take the rental because I thought this would be settled quickly. Shouldn't we settle on an amount BEFORE any work is done on the vehicle? I'm very frustrated and any help would be appriciated.What is the name of your state (only U.S. law)?
 


ecmst12

Senior Member
You cash the check and take their estimate to the shop of your choice so work can begin. Once they start the work, if they discover additional damage not covered in the initial estimate, they will contact the insurance company and request additional payment to cover the additional damages. This is a very common process and it works like this everywhere; your shop should be familiar with the procedure. When you drop your car off, the insurance company should provide you with a rental for the time your car is being repaired.
 

justalayman

Senior Member
be sure there is not a release printed on the check or sent with the check that states acceptance of the payment is considered as a release of all other claims.
 

ecmst12

Senior Member
That's not how it works, if they require a release he'd have to sign it BEFORE they sent the check. But not likely they'll ask for one for such a small claim.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top