Auto Insurance Claims: property damage/car accident, mail return receipt, certified mail

Question
My girlfriend was sitting in a park car when suddenly,a lady drving a lexus truck back into her.Now,the car had damage before the accident to the lower front of the car.after lexus hit the car it caused damage to the hood and  left front headlight.The lady of the lexus signed a written contract stating she will pay for the damages she caused.she said she will have her mechanic fixed the damage we agreed to let her mechanic fix it. a couple of days later she sent a check in the mail for the amount of $150.00 and told us not to contact her again.Do we have a case against her?

Answer
Hi Derrick,

Yes you have a case as long as you do not cash the check. You need to write VOID across the check and mail it back to her with a letter. Before you send the letter you need to go to a body shop to get a written estimate of the damage repairs. Ask the body shop to tell you how many days it should take to repair the vehicle. Also take several digital photos of the damage for future use. Then write your letter demanding that she pay you the amount of the repair estimate plus $30.00 per day for the number of days the shop said it will take to repair the car. In your letter you should state that she needs to either send you a check for that amount of money or report the claim to her insurance company within 5 days or you will file suit against her. Remind her that she signed a contract stating she would pay for everything. With your letter, enclose a copy of the repair estimate, a photo of the damage and the check that you wrote VOID on. Send the letter to her by certified mail/return receipt requested. Keep copies of everything you send for your records.

I hope this helps
Richard Hixenbaugh