Stopped payment on check

[Xmet]

My neighbor's home was struck by Lightening, and the chimney bricks fell down on my car. When he approached me, he agreed to pay me my deductable, and I put claim through my insurance. Insurance company totaled my car since damages were higher than value. When I received call from his insurance, they told me they're not liable as it was an "Act of God", however they didn't deny they'd pay for his damages. When I met with my neighbor, and told him this, he then wrote me a check for my deductible, so that his masonary guys could use my driveway to complete the job. Later that evening, and when the job was finished, he put a letter in my mailbox, to inform me he was stopping payment on the check. Is this legal, since he had already agreed to pay me?

 

[tpajet]

No. You had a verbal agrement with him for him to pay. There are two things I would persue at this point. First, I would talk to a lawyer and see about sueing the insurance compnay. His bricks are damaged due to an act of God. Your car was damaged by falling bricks. A longshot, but something to look into. If that doesn't work, or you may just want to look into this first, file a claim against his in small claims court. Let him then file a claim to cover this with his homeowners insurance. They may agree to pay without having to go to court.

 

[Xmet]

Thank you. I find it suspicious that his insurance company will pay for his damages, but not mine. Also he was told PRIOR to writing me the check that his insurance company wasn't going to pay on my claim. So by his writing the check seems to be an agreement to do so.

 

[jharris352]

I totally agree about the causation that TPAjet outlined. His chimney may be an act of god but not your car. Whenever dealing with an insurance company get your own lawyer. You are dealing with lawyers on the other side and that is like going into a gunfight unarmed. Get an attorney and you will get paid.

 

[mightymoose]

Typical insurance company... deny your claim and wait to see how you respond.

 

[jharris352]

Another point about the fellow stopping payment on the check: He can only stop payment for mistake or fraud. Neither has occurred here. Didn't he already know the insurance company had turned you down and your insurance was covering it? If he did, the writing of the check shows his agreement with this "contract" between you two and his stop payment of that check is a breach.