Help me out with my claim pelase

Submitted by Anonymous (not verified) on Sun, 09/16/2007 - 11:12

Hello guys, I have a question:

I was in accident where a truck making a left turn from the middle lane hit my car's passenger side, while I was making a left turn from the far left lane. I t happened in NY, I have NY plates, the truck - WI plates. Long story short, I have basic-only insurance coverage trough Geico. They are not fighting for me, I have to take care f the claim. I filed a claim with Geico & the other driver's insurance co. They sent an adjuster to inspect the vehicle, take my statements etc and now I have received a letter from the adjuster, offering half of the sum that my repairs cost. The letter, however is titled "Release from all obligations" and practically says that they are paying me to release them from all obligations regarding this case, but it doesn't mean that they confess that it has been the other driver's fault neither they are closing their claim down. Meaning that they can still demand money from my insurance.

What should I do?

Thanks for your time!

Posted: 16 Sep 2007 12:18 Post Subject:

Good morning smilenyc07,

What they are saying is that each party was 50% (or equally) responsible, at fault, negliegent (however you wish to refer to it), for the accident. And frankly from your discription of the loss, that sounds about right, or maybe a little more in your favor than it might have been.

If I am understanding the facts of loss. Other driver is in the 'center left turn lane' making their turn, you however are not, nor did you enter this center lane meant for left turns, rather you are turning directly from the left lane. Is that correct? Was there a center left turn lane there for you to utilize? What did the police report say? Anyone sited? What did the officer mark in the box or area that says something like, ''possible contributing factors to the accident'? Where EXACTLY is the damage to your vehicle and the other vehicle? If I understand the facts correctly, I would've likely given you more than 50% of the liability had I been working the claim, (based on this limited information). If that is not correct let me know as my opinion could change.

What is the liablity decision that your company (Gieco) has made? Are they likewise offering the other driver 50%? Did you tell Gieco that was the offer you received? More than likely both adjusters have agreed to the 50/50. Were you or the other driver injured?

Gieco will be requesting the same release from the other guy and this is to protect YOU. If they didn't get this

"Release from all obligations"

, then the other driver could at a later date 'come back for more' they are just protecting their insured same as Gieco will protect themselves and you. So don't be offended by that.

Here is what I think you should do. Contact your Gieco adjuster ask if they (Gieco) have made a liablity determination. If so what is it? And what is the basis of that decision. Tell them the claimant carrier has offered you 50%. If Gieco is leaning toward (say) 60/40 (you being the 60% at fault, I gaurantee if they haven't made an offer to the clmt. they will change it to 50/50--another good reason to let the adjuster know asap).

If on the other hand Gieco has settled with the other party anything above the 50% you'd better jump on that offer, because that adjuster has made a mistake.

If you are absolutely convinced that you bare no responsiblity for this accident, you need to let Gieco know, (not that it will absolutely or automatically change anything), but you can dispute it.

What do you mean by this, "

They are not fighting for me, I have to take care f the claim.

Especially the ''fighting for me'' part?

Let us know, (little more information maybe) and perhaps we can be of greater assistance.

lori

Posted: 16 Sep 2007 12:26 Post Subject: Thanks

Ok Lori, thanks for your quick answer
I will get you some more info later on today

Posted: 16 Sep 2007 12:39 Post Subject:

That's fine, I'll be checking in later today, there are some other excellent contributors, that will weigh in as well I'm sure, can't get too many opinions right?

Posted: 16 Sep 2007 03:21 Post Subject:

An additional note and I'll try to be brief. The Release is for the other person's claim... it does not have anything to do with your claim under your policy. So lets forget that you also have insurance with GEICO for now. In this case GEICO has a duty to protect their insured (the other person). If they were going to pay 100% of your loss, they generally would not require a release as they acknowledge that they owe 100% of your loss... whatever that is. But in this case they are only willing to accept 50% liability. Party of their duty to protect their insured is to make sure you don't/can't go after their insured for the other 50% of your loss later down the road. This is why they are asking you to sign the Release as they have then fulfilled their responsibility to their insured.

I agree with Lori, it sounds like there might be conflicting stories about who moved into whos lane or at least the other driver is stating that he was in his lane the entire time. Hence, the 50/50 split. The adjuster was not there so they cannot know for sure what actually happen.

Let's go back to both of you having insurance with GEICO... yet, the other person's adjuster will probably request a 50% payment from your adjuster under your policy. Your adjuster can either pay that 50%, offer some other percentage or deny the other person's claim. In _some_ cases, the your adjuster just might pay the 50% because it's easier (that would be a shame) but in many (most?) cases, if the adjuster feels that he/she could show that you were not 50% at fault or feels that the other does not have a strong case to show that you _were_ 50%, he/she may offer less or even deny the claim. Let's put this into perspective... it's not a question of money (as the money stays with GEICO either way)... rather it's really a question of the adjusters integrity. While some adjusters may just roll over and agree to 50%, I'd say most would rather make the "right" decision in their own mind. Truth is, if your adjuster denied the other person's claim... that would be the end of it (making the denial very easy) as GEICO would not "fight" against themselves.

Speak to _your_ adjuster and see what he/she says about liability. You should be able to get a feel if they are just agreeing with the other adjuster for the heck of it or if they really investigated the situation.

Do you feel you were at fault in the loss at all? Possibility?

Posted: 17 Sep 2007 11:54 Post Subject:

tcope, I didn't get that it was a double insured loss, both with Gieco, (not that it matters, except perhaps should they need to file in arbitration) where did you get that? I'm probably looking right past it !

So lets forget that you also have insurance with GEICO for now

-------

I filed a claim with Geico & the other driver's insurance co.

...straighten out a sista!

Posted: 17 Sep 2007 03:17 Post Subject:

Thanks for pointing that out... you are correct.

Posted: 17 Sep 2007 05:16 Post Subject:

Ok so here's what it is.

I was in the far left lane, which is a "left turn only" lane. The truck was in the center lane, which is a "trough only" lane. The police reported has a mark "7" which according to my insurance agent means that they beleive that I have failed to yield right-of-way. My vehicle is damaged passenger side front door (less) and passenger side rear door (severe). The other vehicle is damages at the left corner of its bumper.


Now I called the other driver today and he is claiming that his damage is $1600 to fix. My Geico agent said that they are waiting to receive his documents for the claim in order to make him an offer.

I dont understand how they determien who's fault it is. Should I accept their 50%?

It looks like my insurance will go up next 6 months :(

Posted: 17 Sep 2007 05:25 Post Subject:

If you look at the map you can see a truck in the center lane, but this one is going straight, the way it is supposed to. The truck that hit me was in that same lane, but made a left turn. I was in the far left lane at that moment.

Posted: 17 Sep 2007 09:30 Post Subject:

Nothing attached and no link....

If I understand the accident correcty, there is only one left turn lane and you were in it. Before you made the turn, both you and the other vehicle were facing the same direction. Truck made an illegal left turn, from the center lane, and struck the passenger side of your vehicle. Appears the officer put only you down as at fault. What am I missing? Anything? What state did the accident happen in?

So far I'd say don't accept 50%. I think your options are limited. If you can answer the above questions I can give more info. But bottom line, if you can hold out on the settlement I think if nothing else you could get a little more from the GEICO (adjusters hate to have open claims and 5%-10% increase on the offer is no big deal).

Posted: 17 Sep 2007 11:31 Post Subject:

Yes, you got it right. I am attaching some photos again hopefully this time you will be able to see them :)

http://www.teranome.com/tmp/car/

Hey, thanks for your time everybody! :D

Link deactivated as per forum rules - Lakemen

Posted: 17 Sep 2007 11:37 Post Subject:

Ok smilenyc07, allow me a few questions as well and let's see if we can't get a full understanding of this accident.

How many lanes total are there?
Which bumper (damage on his) front or back?
You were going opposite (not the same) direction correct? Just tell us I was going north, he south or whatever.
You said you were BOTH making left turns at impact correct?

where a truck making a left turn from the middle lane


What EXACTLY is this

truck was in the center lane, which is a "trough only" lane

''trough only'' lane you are referring to?
Where is this 'center' lane in relationship to where your vehicle is just prior to the turn, (lane is directly left of you, right of you, two lanes over?)

Here's what I'm getting from your discription you let me know if correct or not.

There are five total lanes on this roadway.
2 one direction, 2 the other.
1 center lane between the two, (merge or left turn lane).
You begin a turn in the far left lane, he likewise begins a left turn in this 'center' lane.

Please let us know......

tcope HE is insured with Gieco! :lol:

Posted: 17 Sep 2007 11:40 Post Subject:

ok, disregard, that last post of mine, didn't realize, more had come in...It's a one way street !!!!!!!!!!!

Posted: 17 Sep 2007 11:47 Post Subject:

:D haha gotcha

I am with Geico, yes. I was in the far left lane. The truck was in the lane next to me (so the second lane from left to right). Yes, we were both making a left turn at the time of the impact. State is NY.

But here is some more details. Here's exactly what I stated in writing:

" I was approaching the intersection, red light was on. I was driving with approx 40 mph in the far left lane. The truck was standing in the lane next to me, the second lane from left to right. While I was slowing down, the light turned green, I put my left signal on. The truck started moving forward (straight), no signals on, as I was already in the intersection, preparing to make the left turn. The truck suddenly started turning left, colliding with my vehicle while I was performing left turn."

I believe that you will get a better understanding of the situation if you follow the link and take a look at the photos :)

http://www.teranome.com/tmp/car/

Thanks!

Link deactivated as per forum rules - Lakemen

Posted: 18 Sep 2007 12:02 Post Subject:

I looked at them. I didn't realize till then it was a one way street !!! I think I have it now, you were in left far, he makes a left turn from lane immediately to your right which is a ''going straight only lane''... striking your rt side (i saw those pictures too)...with his left front bumper....CORRECT?

Please explain how on this Lord's green earth did that cop cite you, or mark you contributing? I think (and this happens more than you'd think) he made a mistake and MEANT to mark the other driver for illegal turn. Call that reporting officer immediately, or his reviewing officer. Ask to come in and met with him and go over this again. I'll bet he marked the wrong vehicle, (or someone is intreputing the report wrong). I see no way in the world anyone could've found you rather than the truck the negligent party here.

Are you dealing with an adjuster or an agent at Gieco, (your company)?

Absolutely would not accept this 50/50 and would do all I could do to make sure that Gieco denied the claimants claim.

The physical damage and the photo of the intersection (what did you do climb a building for that picture), clearly match up with your story.

Please call the cop and see if you can see them, and let us know what he says. I seriously (since you do not have collision coverage), would file a small claims case against this other vehicle owner if his carrier didn't offer me 100%. Get the judgement and then his carrier will bump/pay that claim! I'm just mouth a gap!

Who is the 'other' company? Are they basing their entire liablity decision based on the police report? What is their guys defense? He turned from a 'non-turn' lane correct?

Sorry, got myself all pissed off (for you)......I would do what I've suggested and in NO way accept this offer or any less than 100%.......


Let me/us know..........

Posted: 18 Sep 2007 12:17 Post Subject:

Hey Lori dont get yourself pissed off. I will try to get in touch with the officer but to get this report amended is a dead cause. Initially they have forgotten to write the other guy's insurance company code on the report. I spet 2 weeks to get his info by myself, calling his police precinct. The cop that did my report was as helpful as a dead man, so was his desk officer.

The photo of the itersection is from maps.live.com by the way ;)

Posted: 18 Sep 2007 11:32 Post Subject:

Hey Lori dont get yourself pissed off.

Can't help it, laziness and incompentance irritate me bad. Especially in my own profession ! :lol: (claims adjuster)...

Let me know what your company has to say, and hopefully your adjuster will review all the facts including scene photos etc, and deny this claimants claim. If not read your policy and appeal this decision.

Another possible solution, is that if your company denies the claim, the claimant carrier (if they are members and most are), may file in arbitration, if they do ask your carrier, if you can include your damages in that arb. hearing....(these take forever). Not sure they will allow it since you do not have collision coverage. And the other carrier will be the one that has to file. (no payment or subro attempt by your company)

Being what it is, I would exaust the cops, then more than likely file the suit in small claims court, (minimal cost to you for this). You seem, intelligent, well prepared, and should get your point across, and make a good impression in front of a judge. Once you receive a judgement, (and frankly I see no way you could do worse that the 50/50, and more than likely 100%). Other carrier will be forced to pay the judgement or appeal it, and doubtful they would go to that expense on this small of a claim.

Good luck and let us know, you have a very interesting claim.. And it should not go this way! I'm so sorry about this. One other thing, you know your Mama probably told you, 'you can catch a lot more flys with honey than with vinegar' be nice to your adjuster, see where it gets you! :wink:

Posted: 18 Sep 2007 08:09 Post Subject:

Unlike Lori, I've not been working for a couple of months to I'm calm :lol:

I understand it was difficult to get anything accomplished with the police dept but I _highly_ recommend you go up the ladder if people are not responding or addressing your issue. I've done this and it _does_ work. You have two things going for you... it's the police depts job to offer assistance, this is what they are paid to do. Police dept higher up's don't like to have their time wasted with simple matters that their under staff should have done. Sh*t rolls down hill in places like the police dept. If someone does not respond to you, let that person's higher-up know.

The big issue that Lori has is that, left unchecked, the incorrect police report will get more and more difficult to correct and it _will_ bury you. The other issue she has is _how in the heck_ did the other driver convince his adjuster that he was not 100% at fault? Was this a large truck that was making a wide turn? If so, perhaps the other driver states that he was turning wide from the left turn lane and you snuck in on his drivers side (I'm not saying this is what happen... I'm just wondering what his description was).

I'd take the path of least resistance and work on getting that police report corrected or at least find out why the officer wrote down what he did. I'd also speak to your adjuster and find out what the other drivers statement was. If your adjuster is waiting on an estimate from the other driver, then they intend to pay something, meaning they also see you at least partially at fault. Surely when GEICO offered 50% the adjuster explained why.

Posted: 18 Sep 2007 11:43 Post Subject:

tcope stop it !!! :wink:

Surely when GEICO offered 50% the adjuster explained why.

!! Geico didn't offer 50% the clmt carrier did !! Gieco is HIS company :lol: :lol: :lol:

Posted: 19 Sep 2007 12:14 Post Subject:

Well you have it from two adjusters now, you CAN get that report changed, I too have seen it many many times...please let us know how this turns out for you I am wishing you the best....thanks for allowing us to try and help...lori

Posted: 19 Sep 2007 04:26 Post Subject:

Geico didn't offer 50% the clmt carrier did !! Gieco is HIS company

. I guess all that FenFen in the 90s was not a good idea.

Now... who am I again? :P

Posted: 19 Sep 2007 05:14 Post Subject:

Its you, Tcope.

I give up... I can't even log in right :)

Posted: 19 Sep 2007 05:23 Post Subject:

I give up... I can't even log in right


I will get hold of Mac... he gotta do something now. :)

Posted: 23 Sep 2007 01:18 Post Subject:

Hey guys,

I was away for a couple of days and I have basically done nothing on my case. But anyway, I will call the cop that did my report. The problem is that he is on duty starting 12 am and I normally sleep at that time, since I have to wake up to go to work at 5 am... Well I will have to wake myself up at 12 am to call him and ask him why the heck he wrote that I didnt yield the right of way. I am not very positive that he will change the report, knowing what he was like when I had my previous conversations with him....

Posted: 23 Sep 2007 01:28 Post Subject:

PS There is some other codes on my police report. They are on both the left and on the right side of the report, in numbered boxes. How can I find out what those codes mean? I feel like there could be some more information there that I can use to fight back.

The boxes have the following codes:

1-x
2-x
3-2
4-3
5-1
6-1
7-1
19-7
20-x
21-x
22-x
23-7
24-7
25-3
26-3
27-1
28-1
29-x
30-x

"x" means that it was left empty

BTW the other party's adjuster keep calling me asking to fax him the signed offer. Well, I told him that I am not convinced that it is 50% my fault and that I have hired a lawyer (well I even have two of them - Lori & tcope :D). He said again that the report was not in my favor and I better sign the deal.

Also, is there a procedure that I can request a review of the police accident report via mail? I have spoken to this officer before and I dont think that he will do anything :(

Posted: 23 Sep 2007 11:19 Post Subject:

(darn it I lost the post! :x ) I'll have to start over....

Good Morning smilenyc07 ! So glad to see you back as well as you joining in on other discussions, glad to have you! :D

The problem is that he is on duty starting 12 am and I normally sleep at that time, since I have to wake up to go to work at 5 am



Silly, I'm sure he is on duty at least eight hours or so. :lol:

I am not very positive that he will change the report, knowing what he was like when I had my previous conversations with him



Call him and ask if you can meet him to discuss this. Take some 'motherly' advise here. Be OVERLY respectful, I would start the conversation with something like, 'I know that you have a very stressful job, and to you this accident is really minor in comparision to the horrible things you have to deal with on a daily basis, and I don't see how you do it, but is very important to me, and causing me much grief, can we please get togather and talk about it? I promise I will only take about ten minutes of your time?". Remember, these poor cops are dealing with punks and thugs all day long. Let him know from the beginning you are a respectful, responsible young man, (that's an assumption I'm making !). If you cannot get anywhere, contact his reporting or reviewing officer, use the same tactic. You would benefit greatly from doing this in person rather than on the phone. If he will not allow you the time to explain things etc, you need to keep climbing the 'cop ladder' until you get someone to listen.

Couple of things I thought about, If he marked you for improper turn, why did you not receive a ticket? If the claimant carrier BELIEVES the police report they should've and would've denied your claim wholely, but they didn't they offered you 50%, thereby (in my opinion), admitting the report is fouled.

There is some other codes on my police report

, you can get a 'code key' from the police dept that made the report. It should've been attached to the report or on a back page.

BTW the other party's adjuster keep calling me asking to fax him the signed offer

I personally would tell him he might as well withdraw that offer, because I will not settle for less than 100%,

He said again that the report was not in my favor and I better sign the deal

. I would tell him that 'report not in your favor' is merely temporary, mark my words buddy ! and if he is 'hung up' on the police report, (doing his job for him rather than he investigate the claim independently), why (based on said report) would he offer you anything? Clearly, he agrees it isn't correct.

I better sign the deal.

Or what? Your nose will fall off? That's just a stupid thing for him to say. I've never said that in my 21 years!

I have hired a lawyer (well I even have two of them - Lori & tcope



NOT ! hey, is that a compliment or insult? :lol: :lol: :lol:

Also, is there a procedure that I can request a review of the police accident report via mail? I have spoken to this officer before and I dont think that he will do anything

I don't know if there is, if so, I'm sure it would take even longer than forever, and not have near the impact a person to person conversation would have. Come on now, time to be a grown up about this .... :wink: (I'm teasing you don't take offense !). I know you don't relish talking with this cop again. When I have to deal with difficult people, that are really pissin' me off, I try and get myself all physic-d up, and think, 'I'm going to turn this person, no matter what they say, I will remain composed, and by the end they WILL be on my side, or see things my way'....have to eat a lot of crap some times, but it usually works out for me....

I know you said it was NY, but don't you all have burrows or something out there? What town (for lack of better word), or precint? Thought maybe I could find it on line, and even review the report? Look on that report and see if you can find anything that can help me locate that precints web site (if there is one, should be)........

lori

Posted: 23 Sep 2007 11:31 Post Subject:



Good Morning smilenyc07 ! So glad to see you back as well as you joining in on other discussions, glad to have you!



Hey Lori I am glad to be back here myself :D Thanks fot eh good words!



Silly, I'm sure he is on duty at least eight hours or so.



This is the only time I can get him, before he goes out patrolling. After that, he comes back in the station sometimes around 5, soemtimes around 7, different every day. And I have tried to leave him a message he never calls back.



Call him and ask if you can meet him to discuss this. Take some 'motherly' advise here. Be OVERLY respectful, I would start the conversation with something like, 'I know that you have a very stressful job, and to you this accident is really minor in comparision to the horrible things you have to deal with on a daily basis, and I don't see how you do it, but is very important to me, and causing me much grief, can we please get togather and talk about it? I promise I will only take about ten minutes of your time?". Remember, these poor cops are dealing with punks and thugs all day long. Let him know from the beginning you are a respectful, responsible young man, (that's an assumption I'm making !). If you cannot get anywhere, contact his reporting or reviewing officer, use the same tactic. You would benefit greatly from doing this in person rather than on the phone. If he will not allow you the time to explain things etc, you need to keep climbing the 'cop ladder' until you get someone to listen.

Couple of things I thought about, If he marked you for improper turn, why did you not receive a ticket? If the claimant carrier BELIEVES the police report they should've and would've denied your claim wholely, but they didn't they offered you 50%, thereby (in my opinion), admitting the report is fouled.



Ill try to be nice although I have noticed that usually people understang you better when you jump in tough. Call it a New York mentality & attitude :D


you can get a 'code key' from the police dept that made the report. It should've been attached to the report or on a back page.



Will definately ask for that I need to know what those codes mean!


Town is Queens, 108th precinct.


Thanks for your help, Lori :)

Posted: 23 Sep 2007 11:41 Post Subject:

usually people understang you better when you jump in tough

With a cop? watch out there ! :lol:

Posted: 23 Sep 2007 11:47 Post Subject:

I mean verbally. When you show them that you can take authority :D I am not planning to fight him :D:D:D

Posted: 23 Sep 2007 11:56 Post Subject:

smilenyc07--this is what I've found on the ny pd web, you need to move quickly on the report I think !

Police Accident Reports are retained at the Precinct in which the accident occurred for thirty (30) days before being forwarded to the Commissioner of Motor Vehicles


I would use this as a very last resort;

How do I make a complaint?
The IAB Command Center office is open for complaint, 24 hours a day, seven days a week. A complaint may also be called in by phone to (212) 741-8401, by E-Mail to [b]IAB@NYPD.org
, or By postal mail to Occupant, P.O. Box 1001, New York 10014; to the Internal Affairs Bureau, located at 315 Hudson Street, New York, NY 10013 or in person at any Police Department facility. [/b]


Might want to site this;

What is the Police Department doing to promote positive police/community relations?

The Police Department has developed the Courtesy, Professionalism and Respect Strategy (CPR) to focus on police conduct and police/community relations. The strategy outlines various initiatives regarding Professional Standards, Recruitment Criteria, Training, Performance Monitoring, Reward and Disciplinary Systems and Public involvement CPR is an on going process and the department is continually developing new CPR initiatives. Copies of the CPR strategy can be obtained through the Office of The Deputy Commissioners Community Affairs.


One more, if you can't get anywhere I would go to the number I have highlighted;


Contact Information (this is for the 108th)

Precinct: (718) 784-5411
Community Affairs: (718) 784-5420Community Policing: (718) 784-5421
Crime Prevention: (718) 784-5404
Domestic Violence: (718) 784-5448
Youth Officer: (718) 784-5417
Auxiliary Coordinator: (718) 784-5408
Detective Squad: (718) 784-5441

Email deactivated as per forum rules - Evan

Posted: 23 Sep 2007 11:57 Post Subject:

i'm sorry i don't know why this posted twice, i think i've over the ten posts today anyway..if not (a cc to lakemen) plz 'dock' me for one or the other...lori

Posted: 23 Sep 2007 12:10 Post Subject:

Lori thank you so much for the info Ill look into in. The thirty days have passed already unfortunately while I was trying to get the guy's insurance info but thats ok I'll manage. Once again, thank you, Lori Ill keep you updated. :D

PS What is with the 10 posts?

Posted: 23 Sep 2007 12:17 Post Subject: under the ''terms of use''

PS What is with the 10 posts?



Taken from the TOS page...

One does not earn anything after making 10 posts over a period of 24 hrs. under the terms of use;

The posts after the 10th aren't paid for but one can surely make any no. of relevant posts in a day they want to. This has been done to prevent spamming just for the sake of earning some quick bucks.



Post edited by Evan

Posted: 23 Sep 2007 12:24 Post Subject:

That is a good thing because I see a lot of people posting nonsense just to earn money. I am also a member of http://www.debtconsolidationcare.com/ forums and there are a lot of registrations there that are trying to post gibberish to earn. They should implement the 10-post rule there as well it will make it a lot better for everybody :D

Posted: 23 Sep 2007 01:29 Post Subject:

@ Lori

The matter is resolved now Lori. :)

@ smilenyc07

Dont worry smilenyc07, the DebtCC guys would also surely do something like it the moment they know that it is needed. :)

I appreciate you guys. :)

Posted: 23 Sep 2007 01:34 Post Subject:

Are you guys in the same organization, I mean your websites seem to be connected. Why not connect theit usernames/passwords also so I can be logged in all of them with one user/pass?

Thanks :D

Posted: 23 Sep 2007 02:40 Post Subject:

All the four websites that you see at the top are sister sites that fall under the ourcommunitypower banner.

Thanks for the suggestion, we would definitely look into it. :)

Lakemen

Posted: 24 Sep 2007 04:17 Post Subject:

Hi,Smilenyc07

First you've to take the issue differently.Just ask for clarification from your adjuster about your reduced 50% claim amt.What's the basis of his assessment? And what spares & labor had he allow? If its net claim(after deductions of deductibles,depreciations etc.) or 50% of repairing estimate.

If involved truck's insurer has to share(irrespective of who's at fault),then this isn't the procedure.They'll pay you full depreciated amount and collect the 50% from the truck's insurer.

No insurer can legally increase premium just after a claim unless it's stated on policy contract.So,go through the policy terms,conditions,exceptions etc.
Think over it.If there's no way out-take legal step.

Posted: 24 Sep 2007 09:57 Post Subject:

50% of repairing estimate.



Yes, this is the offer he received from the claimant carrier. There is no deductible because it is a property damage, (liability claim).

They'll pay you full depreciated amount and collect the 50% from the truck's insurer.



NO, 'they' will not, it is impossible for them to issue paymebe because he does not have collision coverage.

No insurer can legally increase premium just after a claim unless it's stated on policy contract



This is incorrect, they most certainly can and DID.

kaushik0101,

welcome to the forum, I realize this is a very long thread, but it is also a complicated claim. Please read the entire thread, and you will get a full grasp of the issue(s).
lori

Posted: 28 Sep 2007 06:07 Post Subject:


Hi,Smilenyc07

First you've to take the issue differently.Just ask for clarification from your adjuster about your reduced 50% claim amt.What's the basis of his assessment? And what spares & labor had he allow? If its net claim(after deductions of deductibles,depreciations etc.) or 50% of repairing estimate.

If involved truck's insurer has to share(irrespective of who's at fault),then this isn't the procedure.They'll pay you full depreciated amount and collect the 50% from the truck's insurer.

No insurer can legally increase premium just after a claim unless it's stated on policy contract.So,go through the policy terms,conditions,exceptions etc.
Think over it.If there's no way out-take legal step.



Hello kaushik0101,

The basis of their assesment was the fact that the police report indicates, that I have failed to yield right of way. That is why they assume a 50% responsibility on my side.

I called Geico today the other driver still havent submitted anything. I am still waiting for the cop to respond back to my numerous calls and requests on a report amendment.

Posted: 28 Oct 2007 01:48 Post Subject:

I was in accident where a truck making a left turn from the middle lane hit my car's passenger side, while I was making a left turn from the far left lane. I t happened in NY, I have NY plates, the truck - WI plates. Long story short, I have basic-only insurance coverage trough Geico. They are not fighting for me, I have to take care f the claim. I filed a claim with Geico & the other driver's insurance co. They sent an adjuster to inspect the vehicle, take my statements etc and now I have received a letter from the adjuster, offering half of the sum that my repairs cost. The letter, however is titled "Release from all obligations" and practically says that they are paying me to release them from all obligations regarding this case, but it doesn't mean that they confess that it has been the other driver's fault neither they are closing their claim down. Meaning that they can still demand money from my insurance.



Well here's how the mess ended up. I have basically tried to convince the police officer who wrote my report to change it, but he refused to do anything. I have spoken with everybody in the precinct and I couldn't get anything changed. I had to accept things as they are just because I don't have the time to fight them. I have to go to school which I pay for in if I miss classes it will cost me more than any money that I can get out of this. I ended up accepting the other guy's insurance offer and collected their check. He still hasn't proceeded with his claim as of today. I don't know what his intentions are, but time is flying, so at one point it won't matter even if they decide that it was my fault. :)

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