by Guest » Sun Sep 16, 2007 11:12 am
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!
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: Sun Sep 16, 2007 12:18 pm 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: Sun Sep 16, 2007 12:26 pm Post Subject: Thanks
Ok Lori, thanks for your quick answer
I will get you some more info later on today
Posted: Sun Sep 16, 2007 12:39 pm 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: Sun Sep 16, 2007 03:21 pm 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: Mon Sep 17, 2007 11:54 am 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: Mon Sep 17, 2007 03:17 pm Post Subject:
Thanks for pointing that out... you are correct.
Posted: Mon Sep 17, 2007 05:16 pm 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: Mon Sep 17, 2007 05:25 pm 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: Mon Sep 17, 2007 09:30 pm 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: Mon Sep 17, 2007 11:31 pm 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
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