Auto Insurance Claims: small claims court for unreimbursed expenses, small claims court, unreimbursed expenses

Question
QUESTION: Hello and thanks in advance. My car was backed into in a parking lot. I have a witness who heard the person take full responsibility. My car was driveable at the time and I taped in the headlight so it wouldn't get worse. I got a repair quote and called the person who hit me who did not respond. I drove as little as I could but after a few days the headlight blew out and was ran over. I parked the car, got a rental, and called his ins. co (I do not have collision insurancve.) His company said they had to confirm with their client but could not reach him for over two weeks. (He never filed either a claim or a crash report.) They finally reached him, accepted the claim, and authorized repairs, but only paid for 5 days of the rental because according to them that's all it should take for the repair. I am going to small claims court to recover the rental between the time the car became undriveable w/ only one headlight and the time the insurance co accepted the claim. I have been told that b/c I cashed the check from the ins co for the repair, I can not sue the person who hit me for the rest of the money I have paid out of pocket. Is this correct? There is no question as to his 100% responsibilty. Also, the check was initially made out to a lien holder who was off the title since 1999; I had to return it, and by the time I got a good check the repairs had accrued interest on my credit card. I intend to sue for recovery of interest too. I contend that if he had filed claim in a timely manner, none of this would have happened, and I would not have unreimbursed expenses. Any advice will be greatly appreciated.
ANSWER: Hi Suzanne,

Unless you signed a release form in exchange for the insurance check, you are free to pursue the balance of your damages and costs in court.

I hope this helps
Richard Hixenbaugh

---------- FOLLOW-UP ----------

QUESTION: Thanks, it gives me some confidence. The father of the person who hit me contends that because the check said "final settlement" on it, I can not sue, so his son will not appear in court. Several other people have also said that if you sign a check you can not sue. I've been reviewing the TX DOI website to find something in writing, but haven't. Any idea where I can find this in writing to take into court with me? I appreciate your help!

Answer
Hi Suzanne,

You should think of it like this; The check you signed that may have indicated full settlement, was full settlement only for those things that the check was meant to pay for. In other words, if an initial repair estimate was $3,000.00 and the insurance company issued a check for the $3000.00 and you cashed it. Later in the course of repairs the body shop finds an additional $2,000.00 worth of damage. Does that mean that the insurance company does not have to pay for the additional $2,000.00. Of course they do.

In your situation, the check received was for payment of the then known damages. Now there are other damages that must be paid for.

I hope this helps
Richard Hixenbaugh