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Joseph M. Ghabour & Associates LLC

Should I accept a check from the at-fault driver or his or her insurance company?

Accepting a check may be construed as a settlement that prohibits you from obtaining any additional amounts from the at-fault driver or his or her insurance company. Therefore, you should not accept a check or sign a release from the at-fault driver or his or her insurance company until after you have conferred with an attorney. Typically, an attorney will encourage you to wait to accept a check until you have completed your medical treatment and have been released by a doctor, so you know you have received an amount that adequately covers your medical bills and other damages. An insurance adjuster may push you to settle the claim for the lowest possible amount and may discourage you from contacting an attorney. If so, you should ignore his or her advice, and consult an attorney immediately before accepting any payment, signing any release, or otherwise settling your claim to insure that you are receiving fair compensation and not jeopardizing your right to a full and fair recovery.

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