Yes, as long as the check is for property damage only you can accept that check for your car’s value if totaled in the accident, or in the amount necessary to fix your car, without it being a release of your separate claim for injuries, lost wages, and other damages to your person from the wreck. In fact this is how it’s supposed to occur. If you are involved in a car wreck and have injuries two separate cases arise, one for the property damage which includes getting your car fixed or getting the fair market value of the vehicle and the other is for any damages to your person meaning injuries, medical expenses, lost work earnings, and pain and suffering related to your injuries. It is important to get your property damage straightened out as soon as possible so that you can get back on the road and that will not negatively affect your separate injury case.
About the editors: The motto at Shapiro & Appleton& Duffan law firm is simple –“All we do is injury law.” We hope you were able to find the answer to your injury query. If not, please review our Virginia Accident Lawyer FAQ Library for additional information. If you’d like to speak to an actual attorney about your potential injury claim for free, please contact our office at (833) 997-1774.