Upland, CA asked in Car Accidents and Contracts for California

Q: I was in a car accident, the other insurance co. sent me a check.They now say it was a mistake.Do I need to refund?

I was not at fault and the other party’s insurance company sent me a check, which I cashed. They’re now saying it was a mistake and I need to pay it back. Do I have to legally? What recourse can they take if I don’t?

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3 Lawyer Answers
William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Santa Ana, CA
  • Licensed in California

A: If they made you an offer (sent you a check), and you cashed it before the offer was retracted, you have a completed contract and should not have to refund the money. An attorney should review the entire transaction history before any judgment are made, however.

Dale S. Gribow
Dale S. Gribow
Answered
  • Personal Injury Lawyer
  • Palm Desert, CA
  • Licensed in California

A: CALL A LOCAL LAWYER TO REVIEW EVERYTHING.

I ASSUME YOU SIGNED A RELEASE THAT SPELLED OUT THE AMOUNT.

IF SO THAT WAS AN OFFER AND YOUR CASHING IT WAS AN ACCEPTANCE, THUS COMPLETING THE CONTRACT.

WITHOUT MORE INFO, IT SOUNDS LIKE YOU ARE GOOD.

Dale S. Gribow
Dale S. Gribow
Answered
  • Personal Injury Lawyer
  • Palm Desert, CA
  • Licensed in California

A: IF IT IS A MINIMAL AMOUNT, THEY PROBABLY WOULD NOT HIRE A LAWYER, EVEN IF THEY WERE IN THE RIGHT....I AM ASSUMING THEY WERE NOT!

IF THEY MEAN TO ISSUE A CHECK FOR $1000 AND IT TURNED OUT TO BE $100,000 THAT MIGHT BE A DIFFERENT MATTER.

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