[SteveR]

Tricky situation, but sending the check back as a good idea. Did you send it certified to make sure they got it so they cant claim it got lost in the mail and they'll have to wait X amount of time etc.?

What about the guy that hit you? Where is he in all this? Does there have to be a police report for an uninsured motorist insurance claim in NJ? The dude that hit you should pay to get the car fixed. Your insurance premium is going to go up no matter what happens if they're involved.