If I cash the settlement check, does that mean if my injuries do not totally heal I can no longer sue? 3 Answers as of September 03, 2013

I was in an accident which totaled my car. I've been offered (and just received the check) total compensation for my vehicle as the other driver's insurance company accepted fault. I sustained a mild concussion and damaged ear drum (both are "healing). My specific question, is if I cash this check, will I lose my rights to sue in the future if I do not totally heal from these injuries? I need the money from this check to purchase another vehicle ASAP. Thanks.

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Law Offices of George H. Shers | George H. Shers
The settlement papers should state what the settlement if for. Normally the insurance carrier will settle the property damage claim as soon as possible and leave the personal injury claim open for future settlement. If you are unsure, contact the insurance company to see what their position is.
Answer Applies to: California
Replied: 9/3/2013
Law Offices of Stanley S. Lopata
Law Offices of Stanley S. Lopata | Stan Lopata
Look at the RELEASE that the insurance company had you sign before they gave you the check. Does it indicate that it is for ALL damages or is it limited to PROPERTY DAMAGES? It would appear that you have a valid and good claim for PERSONAL INJURIES and it would appear that you need to discuss your options with a lawyer. Most insurance companies will not intentionally try to cheat you but you really should have an attorney on your side.
Answer Applies to: California
Replied: 8/29/2013
Sarrail, Castillo & Hall, LLP | Monica Castillo
It is not clear from your question, but if the check is for the settlement of the property damage only, then your claim for injuries, assuming you have filed one, still remains open.
Answer Applies to: California
Replied: 8/29/2013
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