Legal Question in Personal Injury in California
I signed a full release of all claims with indemnity for an auto accident. After I signed the form I realized that the amount written out was different from the numerical amount. I received a check for the numerical amount but the written out amount was larger. Can I request the insurance company that settled with me pay the larger amount?
3 Answers from Attorneys
How much did you agree to settle for? That is the amount you should receive. If it is higher that what they paid you, call the adjuster and explain the mistake. If it was what you were paid, accept the amount and move on.
Mr. Kuhn is right. If the higher figure was a mistake and the lower one accurately reflects your agreement, you have no right to take advantage of the mistake. But if the higher figure is the correct one, you are entitled to that sum.
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