by irish_man72 » Wed May 04, 2011 09:59 pm
I had a DUI a couple months ago. I called GEICO while I was dealing with the whole deal. They told me that my policy would not change due to the details of the accident. They specifically told me that my policy would not change. A month after the accident I receive an envelope from GEICO stating that I have to pay 200 extra dollars. They tell me it was a "misunderstanding" when it was obviously false information. What would be the right legal action to take? I am in the state of California and the government is broke here. It is horrible how they treat the general public here. Please help. Thank you
Posted: Wed May 04, 2011 11:14 pm Post Subject:
Unfortunately, you have no recourse. This, however, is America, and you can sue anyone for anything.
Does that mean you should sue over something like this? No way... you have nothing. There is no negligence on the part of Geico here, therefore no damages, therefore no liability.
Not to sound, well, accusatory, but... really? You get nailed for Driving Under the Influence and you thought NOTHING would happen to your auto insurance premiums? Seriously? Frankly, you're lucky that GEICO didn't cancel or non-renew your coverage. Most preferred carriers would bounce you in a heartbeat for a DUI and you'd be stuck with some seriously pricey high-risk carrier.
I would consider myself lucky. Do your penance and get on with things!
InsTeacher 8)
Posted: Thu May 05, 2011 02:43 am Post Subject:
Well the thing is I asked GEICO before I went to court if my insurance policy would change. They told me word for word that because the car was not mine and my friend's, I would not be affected. Also I was caught with a DUI that was 0.9. I had 1 beer 3 hours before I drove. I was driving perfectly and only stopped over for a random check. Would this not be represented as false information? Would this not be considered lying? Is lying okay if you have a company with a ton of people? Hope this clears things up.
Posted: Thu May 05, 2011 02:43 am Post Subject:
Well the thing is I asked GEICO before I went to court if my insurance policy would change. They told me word for word that because the car was not mine and my friend's, I would not be affected. Also I was caught with a DUI that was 0.9. I had 1 beer 3 hours before I drove. I was driving perfectly and only stopped over for a random check. Would this not be represented as false information? Would this not be considered lying? Is lying okay if you have a company with a ton of people? Hope this clears things up.
Posted: Thu May 05, 2011 04:19 am Post Subject:
You don't mentioned what they stated the misunderstanding was about. The issue is... what are your damages? You can simply choose not to renew with GEICO and obtain insurance with someone else. They are allowed to "change their minds" or adjust the rates if they want.
Posted: Thu May 05, 2011 05:19 am Post Subject:
I was caught with a DUI that was 0.9. I had 1 beer 3 hours before I drove. I was driving perfectly and only stopped over for a random check.
You may have been driving "perfectly", but a BAL of 0.09% is 0.01% more than the legal limit for presumed intoxication of 0.08% (if you really had a BAL of 0.9%, you wouldn't be alive today to make these posts). So it matters not one iota how "perfectly" you were driving or whose vehicle it was. Your premium is based on YOUR driving record in addition to the vehicle you drive.
As the TV commercial states: Buzzed driving is . . .
Perhaps you've learned your lesson. The good news is that the DUI will only be on your DMV report for 10 years.
Posted: Fri May 06, 2011 12:28 am Post Subject:
They told me word for word that because the car was not mine and my friend's, I would not be affected.
OK... motor vehicle records, which hold information regarding your motor vehicle activity such as tickets and accidents, are specific to the DRIVER... not the VEHICLE.
The car didn't get drunk. The car doesn't have a "motor vehicle record." You got legally intoxicated... the car didn't. What car you were actually driving at the time DOESN'T MATTER! It's YOUR motor vehicle record and that's what you're being punished for with the higher rates.
Granted, the person you spoke with at GEICO is an idiot. Any licensed agent on the planet could have told you he was wrong. I also love the one where cops tell people who are busted for DUI this: "If you go through the diversion program, it won't affect your driving record or insurance rates once the program is completed."
HAHAHAHAHAHAHAHAHAHA... cops don't have a clue about insurance and either did your GEICO rep.
InsTeacher 8)
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