Asked not to go thru insurance and gave me a check that was returned payment stopped

[luvmybabes4ever]

Hi! A lady rear ended me and called her husband to the scene who said she did not have a license as she was here on a visitor's visa. He asked not to go through insurance and gave me a check. He later stopped payment on the check which I was made aware of by return from my bank 11 days later. I called the gentleman and he says he would now l;ike me to go through his insurance. Isn't there a reporting deadline? no police report was filed. Is he liable to pay me outside of insurance since he wrote me a check for the damages? Please advise. Thank you.

 

[NYDrew]

the check is a contract of payment. Sue for a canceled check or go through insurance, both should work.

 

[PILawGirl]

Yep, definitely make a claim with the insurance, keep proof of the bounced check as evidence in case the insurance gives you any grief. I would definitely start with the insurance company and go from there.