FozzyUSN Posted July 17, 2008 Share #1 Posted July 17, 2008 Two weeks ago, my oldest boy and his girlfriend were involved in an automobile accident. As stated in the police report (ala Readers Digest), his car was traveling east at the posted speedlimit. A car in the west bound lane made a left turn into her driveway and hit my son's car. Both were shaken (not stirred) and no one was seriously injured. My son was taken into the hospital to be looked over due to a cut on his head that occured when his car made a landing after jumping a ditch. Police cited the west bound driver with failure to yeild, and a few other others that I don't remember. The other driver's insurance (Geico) is saying they are only responsible for 75% of the damage and not his medical. They will not give him a rental to replace his damaged car as they are not totally responsible. To add a monkey wrech to all of this, the car is still in my name. How can Geico get by with this. The police report states that the accident was entirely her fault. The only way my son could have prevented it, was by not being on the state road in the first place. What recourse, if any, do my son and I have in this? Link to comment Share on other sites More sharing options...
VTirelli Posted July 17, 2008 Share #2 Posted July 17, 2008 Unfortunatley insurance companies run the asylum and what you were told is how they handle it. I would fight them on it. I have written reports making it VERY clear that one party is in no way at fault and was later told by that driver that the ins co. still screwed them. Not sure how you can fight it though. I guess they think that you should just be happy that no one got hurt seriously. Good Luck Link to comment Share on other sites More sharing options...
V7Goose Posted July 17, 2008 Share #3 Posted July 17, 2008 The laws are different in every state, and I have NO idea how you easterners generally handle these things. But... In my experience, you usually turn to your own insurance when the other guy does not completely cover the damages. Your own insurance is 100% responsible up to the limits (both dollars and terms) of your personal policy. They are the ones who will go after the other guy and his insurance to make them pay everything they should. Good luck. Goose Link to comment Share on other sites More sharing options...
DANJ Posted July 17, 2008 Share #4 Posted July 17, 2008 To add a monkey wrech to all of this, the car is still in my name. How can Geico get by with this. The police report states that the accident was entirely her fault. The only way my son could have prevented it, was by not being on the state road in the first place. What recourse, if any, do my son and I have in this? Not familiar with Insurance Law in your state, but it sounds like you have the "Comparative Neglegance Law" . It basically says in so many words that if you put yourself in position to be damaged, It is X% your fault. There are a several ways to deal with this situation. 1. The most efective way I have seen is to contact your State Insurance Dept. and file a formal complaint. Make copies of all the information you submit in the complaint, and include a copy of the Police Report. Send it the Claims Manager of the local Claims Office naming the adjuster you have been dealing with. Once the complaint is filed and submitted to Geico for response, Geico will be required to respond and that is a REAL PIA for both the adjuster and manager. 2. Contact an Attorney to handle the case. It sounds like litigation would come out in your favor, but will likley take a long while to settle. One thing to remember is that if you mention Attorney of Sue to the adjuster Geico Claims will clam up and send the file to Legal and wait for litigation. 3. If you carry Collision Coverage on the vehicle, you can turn the claim over to your Insurance company. The will pay the claim, minus your deductable, and send the file to "Subbrogation". Once the claim goes to Arbotration, a group of claims personel, from several companies, will meet and determine the outcome of the the claim. If Subbrogation goes in your favor, your Insurance company will return your deductable and any out of pocket expenses you may have submitted. Good Luck, DJ Link to comment Share on other sites More sharing options...
Eck Posted July 17, 2008 Share #5 Posted July 17, 2008 The laws are different in every state, and I have NO idea how you easterners generally handle these things. But... In my experience, you usually turn to your own insurance when the other guy does not completely cover the damages. Your own insurance is 100% responsible up to the limits (both dollars and terms) of your personal policy. They are the ones who will go after the other guy and his insurance to make them pay everything they should. Good luck. Goose They are the ones who will go after the other guy and his insurance to make them pay everything they should.... is correct... Link to comment Share on other sites More sharing options...
Venturous Randy Posted July 17, 2008 Share #6 Posted July 17, 2008 I know when I got all the stuff together on my bike knock over, I took it to my insurance, Allstate, and they contacted the other guy's insurance, State Farm. I would go to your insurance and let them work on it, especially since you were not at fault. RandyA Link to comment Share on other sites More sharing options...
cmiles3 Posted July 17, 2008 Share #7 Posted July 17, 2008 Dude, you need a lawyer. Contact your insurance agent first- your policy may include uninsured motorist coverage, which makes them responsible for costs over what the liable driver's insurance covers. They may elect to pursue the claim or not- if not, you're out the deductible part of your claim, but they'll cover the rest of the gap. You also have the third party's insurance to cover costs. Not sure if you can get to them or not. Their info should be in the police report. You should consider hiring a lawyer. Depending on the medical costs, he'll want 1/3 of whatever he collects. It may not be worth it for you. He'll try to increase the collected amount by including pain & suffering damages; in my accident, that was nearly $100,000. That covered his 1/3. Make sure you include lost wages, etc. If you used annual or sick leave for the medical care, missed days of work, etc. this is a loss that is covered by insurance. Link to comment Share on other sites More sharing options...
SaltyDawg Posted July 17, 2008 Share #8 Posted July 17, 2008 Give it to your insurance to handle first. They have lawyers on retainer for such occasions. That's why you pay them. If they can't get it resolved then you hire a lawyer and go after Geico and the other driver. Link to comment Share on other sites More sharing options...
Squidley Posted July 18, 2008 Share #9 Posted July 18, 2008 Give it to your insurance to handle first. They have lawyers on retainer for such occasions. That's why you pay them. If they can't get it resolved then you hire a lawyer and go after Geico and the other driver. Thats what I would do also, let your insurance company handle it. Dont mention anything about sueing or such, if the time comes, hit them without notice. Also made damn sure that your son is thoroughly checked out medically. Problems arise years after accidents, so don't settle on anything yet. Link to comment Share on other sites More sharing options...
FozzyUSN Posted August 21, 2008 Author Share #10 Posted August 21, 2008 (edited) Received a phone call two weeks ago from one of the claims adjusters saying they had re-thought their position as was willing to come up to 90% liability on the car. I told them that I would be filing complaints in Indiana, Ohio, & Georgia with the Insurance Commision against them and that I would be seeing them in court, then hung up. I received another phone call this morning saying that they were willing to give me 100% liability on the car, if I would drop my complaints with the insurance commision. I was also asked why I had filed in three states. I explained that Indiana was where the accident occured, Ohio was where I lived and worked, and that Georgia was where their main office was located. Don't know why they changed their tune, but I'm glad! The little guy can win every now and again. My son has been going to several doctors having some stuff checked out. Originally from the accident, he complained about a stiff neck and back. The EMT's at the time told him this was more than likely due from his seat belt. The last two specialist have told him that he has the 'Golden Injury' because he has some muscle tearing in both the neck and back. They wanted to try steroids and therapy first, because if there was any type of surgery involved, he would be a hurting unit for the rest of his life. Edited August 21, 2008 by FozzyUSN Link to comment Share on other sites More sharing options...
rod Posted August 21, 2008 Share #11 Posted August 21, 2008 As others have said it is different state to state. Get your insurance and a lawyer involved to cover your butt. Good luck I am still fighting after 2 yrs when I got hit and they admitted it was their fault. Good luck Rod Link to comment Share on other sites More sharing options...
DANJ Posted August 21, 2008 Share #12 Posted August 21, 2008 Glad things are turnng your way. I've seen complaints to insurance departments as being effective in many of these situations. Complaints to three states was a brilliant move. Good job. DJ Link to comment Share on other sites More sharing options...
ediddy Posted August 21, 2008 Share #13 Posted August 21, 2008 Good ol GEICO. Link to comment Share on other sites More sharing options...
autopilot Posted August 22, 2008 Share #14 Posted August 22, 2008 Hope your son heals properly and doesn't need surgery! I would not cut the insurance co. any slack and force them to cover ALL medical costs. Since they copped to 100% liability on their insured's part, you should be able to get that. I would get their admission of 100% liability in writing, first though, before I started hammering them. If they balk, then pour it on! Take no prisoners!! Link to comment Share on other sites More sharing options...
FozzyUSN Posted August 22, 2008 Author Share #15 Posted August 22, 2008 My son has an attorney in Lafayette and is one of those that goes for the throat, no matter who's throat. He is the one that recommended that he see a couple of doctors to ensure he was OK. I've not heard anything about his girlfriend, so I assume she was not injured in any way, other than shaken - not stirred! The only thing I have involved in it was the car. I bought it and my son had bought it from me and had not changed the title over to Indiana when he moved in January. I'm thankful that all parties are OK and that the insurance is finally going to do the right thing. I'm stiff as to why, but glad they are finally doing it. Link to comment Share on other sites More sharing options...
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