Can Geico surcharge premiums for accident?

by smilenyc07 » Sun Sep 23, 2007 01:36 am

Hi guys,

I just renewed my policy with Geico. Great news, they lowered my premium by $300 per 6 minths! Cool thats money in the bank :D

And than bad news. They raised it by $170 because of my accident, which is still a claim in progress (more about my claim you can check here: http://www.ampminsure.org/claims/about3104.html)

Can they raise my insurance when the claim is in progress and nobody was charged, and nothing was paid?

Here's what their explanation is:

SURCHARGES PER POLICY

ACCIDENT/CONVICTION/INEXP OPERATOR $170.20

-Total dollar amount of above surcharges $170.20

-Please refer to the important message area of the Declaration pages for the date and reason for your surcharge.

-Your premium reflects a surcharge and, therefore, is higher than it otherwise would be because, during the measuring experience period which applied to your insurance, you had one or more chargeable accidents and/or chargeable traffic convictions and/or there is an inexperienced operator under our Merit Rating Plan.

The attached description of our Merit Rating Plan includes a list of events we may surcharge you and the circumstances under which the surcharges may be removed or refunded. Please refer to the enclosed plan for any questions you have or call us toll free at 1-800-841-3000 .


I didnt see any "Merit Rating Plan Decription" attached so I am about to give them a call tommorow. My arguments against the charge are that they dont have the right to surcharge me since the claim is in progress. Any ideas?

Thanks :D

Total Comments: 6

Posted: Sun Sep 23, 2007 10:04 am Post Subject:

Hi smilenyc07 !

Glad to see you not only came back, but are joining in on other posts that's great, you will be a nice addition!

Does is have the loss date for this accident etc, here,

Please refer to the important message area of the Declaration pages for the date and reason for your surcharge.



Clearly, the adjuster has (at least temporarily) coded your loss as 'chargeable'. Are you sure he/she hasn't paid the claimant on your claim? See, this (rate increase) is just one , (albeit another big one) reason for you to fight as long and as hard as you need to, in order to get this claim straightened out.

These next few statements may belong on the other post as well, kind of hard to know where to put them, (see other post too). If your adjuster has paid the claimant, throw a big old GIANT sized fit, climbing the ladder as high as necessary, within the claims department, then to your states department of insurance, (if no results within your own company). Be calm, respectful, just explain you feel this claim was not properly evaluated, your facts of loss, damage, scene photos etc, are all consistant with your statement. Ask each (higher up to review the claim-re:liablity determination).

If they have not paid the claimant, (they will be feeling pressure to get this resolved). Ask, beg, plead, whatever you have to do, to get them to at least for 'now' deny the claimants claim completely. And 'code' this loss (for now), non-chargeable, until a full investigation is completed. They can do it, due to the disputed police report. I'm gonna throw in here, as I said before I've seen police reports that were just wrong, or a mistake made. The police report is just a 'part' of the overall claim investigation, and is NOT the deciding factor.

Ok, I digress, (again) If they have NOT made payment, you need to contact your adjuster, get the adjusters sympathy (re:increase with unresolved claim), then contact policy services, see if you can get the adjuster to do the same for you (yes, they can). And explain the situation, hopefully if you can get the adjuster to change the coding and contact them, they will change it for this renewal period. That will buy you six or twelve months, (till next renewal and they claim should be resolved by then).

Man, just your luck your renewal came immediately on the heals of this accident....... :cry: :x

I assume the other two things were not pertainant to your situation,

chargeable traffic convictions and/or there is an inexperienced operator

Posted: Sun Sep 23, 2007 11:02 am Post Subject:



Man, just your luck your renewal came immediately on the heals of this accident.......



Yeah it is my stupid luck. I always have that "luck" when it comes to situations like this.



If they have not paid the claimant, (they will be feeling pressure to get this resolved). Ask, beg, plead, whatever you have to do, to get them to at least for 'now' deny the claimants claim completely. And 'code' this loss (for now), non-chargeable, until a full investigation is completed. They can do it, due to the disputed police report.



Yes, according to my claim handler from Geico, the other claimant haven't been even offered anything yet, because he havent submitted an estimate for his vehicle.

I have another question, do you think that I should get an adjuster in his state? I spoke to the guy and he told me that his truck repair is estimated roughly $1600. I was stupid enough not to take photos at the time of the accident but from what I remember there was almost no damage on his bumper (a scratch maybe). It seems to me that he is trying to get paid fast?

Posted: Sun Sep 23, 2007 11:37 am Post Subject:

Yes, according to my claim handler from Geico, the other claimant haven't been even offered anything yet, because he havent submitted an estimate for his vehicle.

Apparently then, he is either going thru his carrier (collision coverage), or is just lazy about getting his estimate to Gieco? Is your adjuster in agreement then, to deny the claim for the time being? (I think) all you said was it was a truck...We're just talking a half ton? Right? Discribe the truck, full size, standard cab, extended, any window tint? camper, anything in the bed? (see where I'm going here? obstructed view).


I have another question, do you think that I should get an adjuster in his state?

No, not that you could anyway. All policies must conform to the state statue the vehicle drove into. In this case whatever differences WI policy has with NY don't matter, his policy had to conform to the NY statues. So your Gieco adjuster is fine. That does bring up another point, though, how long has he been in the area? Was he familiar with this intersection? As you as a resident, I'm sure are?

truck repair is estimated roughly $1600.

This is (believe it or not) really a minor repair, might've got into his header, and fender, then that may necessitate blend and detrim to door, etc.

no damage on his bumper (a scratch maybe).

Was it chrome? If so will need (generally) to be replace, likely took brkts as well.

It seems to me that he is trying to get paid fast?

I don't get that especially since he hasn't even presented your carrier with his estimate yet...

I was stupid enough not to take photos at the time of the accident

not true, you're doing fine, do you have a copy of his estimate? I know he hasn't sent it to Gieco, but if you can have him fax you a copy I could 'intreput' it for you to make sure there aren't any additional (non-accident related) items on there.

Posted: Sun Sep 23, 2007 12:40 pm Post Subject:

Jeez I can probably become a good lawyer one day :D



Apparently then, he is either going thru his carrier (collision coverage), or is just lazy about getting his estimate to Gieco? Is your adjuster in agreement then, to deny the claim for the time being? (I think) all you said was it was a truck...We're just talking a half ton? Right? Discribe the truck, full size, standard cab, extended, any window tint? camper, anything in the bed? (see where I'm going here? obstructed view).



I think he is getting an estimate from a local shop. I know that Geico will not send their agent there because I only have the basic minimum insurance and I guess I am not covered. As the agent said, I am on my won.

The truck was an eighteen-wheeler Peterbilt (see photo attached). I think loaded they should weight about 200 000 kgs. Full size, with the trailer attached. I dont know if he was loaded but I would assume so since he couldnt stop easily. No window tinting. Obsructed view - yes, I would say so because he initially didnt see me. He only realized that I am there after he hit me.



Was it chrome? If so will need (generally) to be replace, likely took brkts as well.



Yes, chrome.


not true, you're doing fine, do you have a copy of his estimate? I know he hasn't sent it to Gieco, but if you can have him fax you a copy I could 'intreput' it for you to make sure there aren't any additional (non-accident related) items on there.



He only gave a rough estimate over the phone. He doesnt have anything on paper as of now.


Basically, I am working with the precint & the officer now and I am waiting for that dude to submit his papers to Geico.

Lets see how it turns out :D

Posted: Mon Sep 24, 2007 09:15 am Post Subject:

Honestly 1600.00 is very low for a 'big' truck repair. the bumper alone could be 1600.00 so doubt he is gouging at all there. Does he own the truck too? If not that might be part of the hold up, as the owner's of the truck are the ones that will need to be paid, make the repair decision etc.

This also brings another topic to the discussion. The guy makes his living driving, the cop just might've had some (albeit misplaced) sympathy with the truck driver?

Posted: Fri Sep 28, 2007 06:10 pm Post Subject:

Honestly 1600.00 is very low for a 'big' truck repair. the bumper alone could be 1600.00 so doubt he is gouging at all there. Does he own the truck too? If not that might be part of the hold up, as the owner's of the truck are the ones that will need to be paid, make the repair decision etc.

This also brings another topic to the discussion. The guy makes his living driving, the cop just might've had some (albeit misplaced) sympathy with the truck driver?



It is an old beat-up truck. I think that you may be right, there is a possibility that the cop just might've had some (albeit misplaced) sympathy with the truck driver.

Anyway I am working on it. I was also told by Geico today, that that if I am less than 66.7% guilty, it will not reflect my insurance premium!

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