Financial Channel

I cashed a settlement check from the insurance company of the owner whose car damaged my car.

The settlement check didn't quite cover the total cost of repairs to the car.

Can I go after the owner for the difference?

Thanks!

Normally when you settle a claim with an insurance company, they have you sign a release of claims which would prevent any subsequent action. Did you sign a release?

I just cashed the check - didn't sign anything else. So can I sue the owner then?

If you did not release them (and the release may have been incorprated into the endorsement box on the check), and your state permits it (laws vary by state), then you can sue. If you did sign a release, or your state would otherwise view your acceptance of the settlement as resolving all of your claims against the other driver, then you will probably be unable to recover damages.