Dear C43AMG:

The ins. co. has already sent me $6k that I have deposited. They did not ask for or receive either a verbal or written release from me.

If I'm very lucky they recorded my conversation with the insurance co. executive and then the terms of our deal would be clearly revealed: that additional compensation would be due from them for any later discovered or initially missed additional damage that could be directly related to the accident at issue.

In the context of this matter I do not believe, short of any writing, that the ins. co. could successfully claim that they already had a complete accord and satisfaction with me. If that were so I don't think they would pay mechanics for "adders" or "supplemental repairs" related to the original accident after they already made their first payment for repairs.

Thanks for your help with the jurisdictional issue. If I have to go after the PA driver it's nice to know that I could in NY. I was worried that with no property in NY, I could never enforce a NY judgment against him. Thanks for letting me know that I could.

As per your thoughts, I may have to chaulk this up to experience and release the ins. co. if their payment to the mechanics and the release of my car depends on it. If, however, I get my car back without having to release them, I believe that I will go after them.

You are absolutely correct that the ins. co. would probably never have to pay me more than the invoice amount for my car if they totaled it. The only arguments I could think of on this issue would be a legal stretch (similar to specific performance).

Marc (C43 for 1 hour)
[email protected]