Auto Insurance Claims: Stop payment on draft from hit and run accident, pymt, bank draft

Question
We received a draft last night for pymt of our car which was totalled last Friday, Oct 20 in a hit and run accident.  The lady fled the scene was arrested later that day, and stated she had no auto insurance.  Yesterday, Oct 26th Progressive settled with us.  We signed the paper work ask for a copy they said they would mail it to us.  We gave them our title, and in return received the bank draft.  We deposisted the bank draft into our account that same afternoon.  Well, last night around 7:30 we get a ph call from the agents supv telling us that now the woman has claimed she has insurance thru them also, Progressive. She didn't get back with them sooner because she was out of town.  (How do you go out of town when you had to post bail?)  So they are placing a stop pymt on the draft and will investigate it further and get back with us.  Well, we thought the draft was final payment- how can they stop payment and re work the claim?  We don't know what to do at this point.  And feel we need to consult an attorney.  How can they give you a draft then stop payment? Isn't that a legal binding contract?  

Answer
Hi Kim,

Since both of you have insurance with the same company this does not make sense. They will be paying the claim regardless of who is determined to be at fault. You should call back the claim supervisor and explain this to them.

They should re-issue the check now or they should place you in a rental vehicle until this is all cleared up.

I hope this helps
Richard Hixenbaugh