Accepting Partial Payment

Summary

In texas, cashing a check can sometimes be seen as accepting the payment in full. Insurance companies are required to explain any deductions made. Consult with a local attorney before accepting the payment.

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I received a payment that was lower than the agreed upon amount? Should I cash the check and sue for the difference or does cashing the check agree to the payment amount
What state are you located in, ****? Laws regarding acceptance of partial payment can vary by location.
Texas
What was the nature of the agreement? Was it a written contract or a verbal agreement?

In Texas, cashing a check can sometimes be seen as accepting the payment in full.
Written agreement through text messages
In Texas, text messages can be considered a written contract. However, it's important to consult with a local attorney. Can you provide more details about the agreement?
Geico insurance agreed to pay me for loss of use compensation for my car. The total agreed should have calculated to $* but they are offering to pay $* without explaining how this was calculated. Should I cash the partial check and try to get the difference?
What evidence do you have of the original agreed amount? In Texas, cashing a check can sometimes be seen as accepting the settlement.
I have text message where the agreement was $* per day and documentation that my car was in the body shop for 20 days.
Did Geico Insurance provide any written documentation stating the amount they were going to pay you?
The only documentation was for the daily rate and not the total amount
Did Geico provide any explanation for the discrepancy in the total amount? In Texas, insurance companies are required to explain any deductions made.
No
Did you try reaching out to Geico for an explanation of the discrepancy before considering legal action?
Yes but it has only been one day. How long should I wait. Also they sent an email saying the $* amount expires in one business day.
What was the exact wording of the email regarding the expiration of the $* amount? In Texas, insurance companies must provide a reasonable time for claim settlement.
Regarding Your Claim Payment Response Deadline: */*/* *:* AM ET Your $*.* payment for your damage claim on the * AUDI A4 is ready. Click below to accept it.
Did you respond to the email or accept the payment?
No
What is the date today? It's important to know how much time you have left to respond to the email.
*/*/*
Based on the date, you have until */*/* to respond. It's advisable to consult with a local attorney before accepting the payment.