Need help fighting GEICO.

[Da Dark Jedi]

GEICO has issued a stop payment on their check. Here’s the story… On 8-31-09 my wife was heading South bound on a four lane street, she was in the left hand lane. The time of day was 5:50pm, rush hour with plenty of daylight. A car pulls out of a store parking lot to make a left hand turn, in order to make this turn he has to come across two lanes of South bound traffic. He cut my wife off and comes straight across the front bumper, taking the plates off our car and moving the bumper over ¾ inch. Chicago police does not issue a ticket, but the LEO acknowledges it’s the other driver fault for failure to yield the “Right of way”. An accident report was issued.

GEICO claim the “Right of way” does not mean their clients fault. GEICO also claims that the accident could have been avoided if my wife would have turned left into oncoming traffic or turn right which would have “T’ boned the car and caused more damage. Now they want to claim a percentage claim, we pay 5% of the damage. Yes we have insurance but it’s Liability only. What method should I use to have our car fixed. Sue the driver of the other car or get a Lawyer and go after GEICO?

[ImpalaSlayer]

they are really arguing over 5%? wtf? and how the hell did that guy not get a ticket?

[Eric-Blk2004]

Well first off I hope their claims department does not know of this site and that you have not posted any personal or revealing information. They do search forums and search the web for the OMG LOL i blew up my car thread.

Second, I would sue the driver. Sueing companies never work, we have given them so much power over the years Joe vs Big Bidness never works anymore short of a large class action law suit.

Also figure out the real damages and see if its even worth sueing once you factor in legal fees and such. Not saying to lay down and take it, but you need to way your options

[CRUZTAKER]

Chicago police does not issue a ticket, but the LEO acknowledges it’s the other driver fault for failure to yield the “Right of way”.....

FAIL.
A ticket issued would have sealed the deal.

[Da Dark Jedi]

they are really arguing over 5%? wtf? and how the hell did that guy not get a ticket?


Talking to family members that are LEO's, they're just as confused as to why also. They said every police officer is not trained equally in Chicago. GEICO issued the check and now put a stop payment on it. Their rep review the damage and arrived at the cost. The rep claimed that more damage may be under the bumper.

[a_d_a_m]

It's just a lizard.
Seems like it should be an easy kill.

[Stranger in the Black Sedan]

and get some insurance that is more than liability!!

[Bluerauder]

and get some insurance that is more than liability!!
I agree with ^^^^. Then your insurance company could fight the battle for you to recover their loss. That's what they do.

Looks like the 5% deal may be your best option at this point. Based on your description of the incident, damage might be in the $1000-$2500 range. Pay the $50-125 for your 5% share and move on. Getting a lawyer to sit down and listen to you will cost that much easily.

[Starman]

FAIL.
A ticket issued would have sealed the deal.

Not true. I have issued citations in accidents where a blind person could tell who's fault it was and the Insurance companies still fight it out. A ticket is not guarantee as to the outcome with insurance companies.

[FreddieH]

What he ^^^ said. You may be able to file a small claim against Geico for the 5%. Once served they may settle for that 5% , it may be cheaper for them.

[martyo]

What he ^^^ said. You may be able to file a small claim against Geico for the 5%. Once served they may settle for that 5% , it may be cheaper for them.

GEICO will not issue a check for teh 95% unless he signs a General Release which would, among other things, have him waive the 5%.

[martyo]

Incidentally, 5% of a claim is a relatively small amount for contributory negligence.

What is the total amount of the claim? You can PM me if you do not want to reveal it here.

[Da Dark Jedi]

Incidentally, 5% of a claim is a relatively small amount for contributory negligence.

What is the total amount of the claim? You can PM me if you do not want to reveal it here.

pm sent. OH whatis contributory negligence???

[ImpalaSlayer]

pm sent. OH whatis contributory negligence???

a big lawer word? :dunno:

[Bluerauder]

pm sent. OH whatis contributory negligence???
It means that you (or your wife) was partly at fault and contributed at least a little tiny bit to the accident. It was a little bit of fault on your side (5%) and most of the fault on their side (95%). You may disagree; but it seems this is how the insurance company views it.

[Raudermaster]

I saved money from NOT switching to Geico.:up:

[Da Dark Jedi]

It means that you (or your wife) was partly at fault and contributed at least a little tiny bit to the accident. It was a little bit of fault on your side (5%) and most of the fault on their side (95%). You may disagree; but it seems this is how the insurance company views it.


So this is what it boils down to. It's not as matter of what's legal, but whether the Ins companies can save money by determining what's right. I guess it forces everyone to have the full coverage policy to protect their rights. Or, am I missing something

[martyo]

So this is what it boils down to. It's not as matter of what's legal, but whether the Ins companies can save money by determining what's right. I guess it forces everyone to have the full coverage policy to protect their rights. Or, am I missing something

An oversimplification for sure, but something like that.

And the determination/suggestion to have "full coverage" is not necessarily a wise one either because the value of the insurance and deductibles must also be considered.

[SID210SA]

Take the driver to small claims court....you have that TV judge there in Chicago...take that driver there...

[BODYMAN]

pm sent. OH whatis contributory negligence???

In a Ins co.s eyes it is basically youre wife was on the road driving ,to them her just being at the wrong place wrong time! There doing this % fault thing alot more saw it on 3-claims in my shop last week!

[babbage]

BS - Tell Geico that your neck started hurting after they canceled the check!

That is big money for that there. Also a letter from a lawyer isn't that much. ($40?)
Get a FULL estimate from the Mercury dealer, then go back with more.

[vkirkend]

What he ^^^ said. You may be able to file a small claim against Geico for the 5%. Once served they may settle for that 5% , it may be cheaper for them.

Ditto, take the check but don't release them from full liability then file in small claims court for 3 times the amount. :mad2:

[martyo]

then file in small claims court for 3 times the amount. :mad2:

How does that work?

:confused:

[W4LTD]

Ditto, take the check but don't release them from full liability then file in small claims court for 3 times the amount. :mad2:

DO NOT CASH THE CHECK

In most cases, by cashing the check you are accepting their settlement... then it's case closed.

[Da Dark Jedi]

O.K. here’s the update. After more talks with GEICO I was fortunate to have them reconsider the 5%. What had occurred was the guy that hit my wife decided that he was not FULLY (100%) AT FAULT, even though he admitted to them it was his fault. Go figure??? So he requested a review of the claim by talking with the supervisor. He also tried to say that my wife changed from the right to left lane which is her fault. The tape of her conversation with the claims rep showed the opposite. GEICO reviewed the tape deposition from the wife and review the pic’s of both cars and decided in our favor. The claims rep called today and said “ The supervisor review the case and we will pay the full amount, so cash the check and put your car in the shop”.

So in your opinion… Is there something else I should worry about? OH, if the check is not enough GEICO will pay the shop directly (I hope so).

[ImpalaSlayer]

i have geico ins, they seem helpfull thus far how ever i havent had to file a claim with them yet

[Bluerauder]

O.K. here’s the update. After more talks with GEICO I was fortunate to have them reconsider the 5%.
Congrats on getting them to back off of the 5%. :up: You are persistent. Hope you didn't have to spend much time finding the right claims folks who knew what happened. Congrats also to GEICO for doing the right thing.