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Auto insurance claims when other person is at fault

Posted on 7/5/16 at 6:14 pm
Posted by 13SaintTiger
Isle of Capri
Member since Sep 2011
18315 posts
Posted on 7/5/16 at 6:14 pm
A driver took a left out the parking lot without yielding as I was coming to a stop at a stop sign on a main road. The driver didn't have a license but the husband had insurance. Police told me the report will be out in about 7 days and that they put her at fault for failure to yield. Her husband wants to challenge it to say I was at fault even though it is obvious she was.

Is the police report the end all, be all?

When should I expect their insurance (geico) to pay for my damages? Should I just pay my deductible first and wait for them to reimburse me?
This post was edited on 7/5/16 at 6:16 pm
Posted by BamaCoaster
God's Gulf
Member since Apr 2016
5280 posts
Posted on 7/5/16 at 6:20 pm to
It's whatever you feel comfortable with.
You most likely have rental car coverage through your policy, and you would have to pay your deductible, but you would get that back (eventually).

You should have called GEICO by now and given them the info.
They will get your statement, then the insured, and go from there. You don't have to wait on the police report to get the ball rolling.

The cops gave her a ticket, right?
Posted by HailToTheChiz
Back in Auburn
Member since Aug 2010
48990 posts
Posted on 7/5/16 at 6:40 pm to
Make a claim with geico and talk with the adjuster.
Posted by 13SaintTiger
Isle of Capri
Member since Sep 2011
18315 posts
Posted on 7/5/16 at 6:54 pm to
Just got off the phone with geico. The husband tried to report him as the driver. I told them his wife was driving.
This post was edited on 7/5/16 at 6:55 pm
Posted by ProudLSUMom
Baton Rouge
Member since Sep 2007
3302 posts
Posted on 7/5/16 at 7:05 pm to
If in an accident going forward, take pictures of everything! The people who were in the car, the whole car, the area surrounding the car, etc.

You would be surprised what lies the other person can tell and you have no proof otherwise.

Good luck!
Posted by HailToTheChiz
Back in Auburn
Member since Aug 2010
48990 posts
Posted on 7/5/16 at 7:39 pm to
The insurance company will want to wait for the police report of their insured is disputing it

If you don't want to deal with geico, just tell your adjuster about it and tell him to handle them

This post was edited on 7/5/16 at 7:40 pm
Posted by 13SaintTiger
Isle of Capri
Member since Sep 2011
18315 posts
Posted on 7/5/16 at 7:44 pm to
Good news. Just got a call from geico and the responsible individual determined by them was their policy holder. Actually went smoother than expected. Thanks to the person who told me to call their insurance, I didn't think to do it as I thought my insurance would handle it all.
Posted by Layabout
Baton Rouge
Member since Jul 2011
11082 posts
Posted on 7/5/16 at 8:07 pm to
Call Gordon, 387-2323.
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
71428 posts
Posted on 7/5/16 at 8:24 pm to
This times a billion. I keep a disposable camera in my car for just this situation.
Posted by KG6
Member since Aug 2009
10920 posts
Posted on 7/6/16 at 5:40 am to
Man that worked out well in what could have been bad. If the driver wasn't licensed under the policy, Geico could have rejected responsibility. Then you would have the individual having to pay directly or you using your uninsured motorist coverage.

For a bit of knowledge that I didn't have 6 months ago. I was rear ended. About 1k of damage. I was completely stopped and the other driver 100% without a doubt at fault. Police report indicated as much. I had his insurance info and called his insurance to make a claim. They would not accept liability until their insured spoke with them and accepted liability. The police report didn't mean squat to them since the police "weren't there and didn't actually witness". They were a small insurance company and I was told by my insurance this was very uncommon, but it wasn't actually wrong. They could play this game if they wanted. So his insurance company dragged this on for two months saying they couldn't get in touch for him to accept liability and if they didn't hear from him by xx date, they'd reject the claim. They said since he wasn't responding, he wasn't holding up his side of their contract and they could reject coverage. Quick voice-mail in the guys inbox (which I had left several just trying to get him to call me back) stating that the next contact would be from my attorney because I was filing a lawsuit and voila, he suddenly accepts liability 20 minutes later. I was busy at work at the time and let that go on too long, but it showed me just how shitty insurance can be if they want to be.

I contemplated using my insurance, but I would have lost out on my no claims discount. I would have made a claim on my uninsured motorist coverage and had that reimbursed when the other insurance settled. So it would have cost me over the next several years.

Posted by 13SaintTiger
Isle of Capri
Member since Sep 2011
18315 posts
Posted on 7/6/16 at 7:42 am to
The driver did not have a license but her husband did and had insurance. I wonder why geico let them accept responsibility?

Also, I initially filed a claim with my insurance, after I cancel the claim will insurance companies still acknowledge I made a claim?
Posted by The Spleen
Member since Dec 2010
38865 posts
Posted on 7/6/16 at 10:37 am to
quote:

I wonder why geico let them accept responsibility?



In most states, insurance follows the vehicle. So as long as the vehicle is insured, it really doesn't matter who the driver is. There are a few exceptions if there's a question of someone using the vehicle without consent. GEICO will probably drop his coverage though for letting someone without a license drive the vehicle.

quote:

will insurance companies still acknowledge I made a claim?



Yes, but it will show nothing was paid on the claim and you were 0% at fault. It shouldn't impact your rates unless it's a really new policy.
Posted by BamaCoaster
God's Gulf
Member since Apr 2016
5280 posts
Posted on 7/6/16 at 11:05 am to
quote:

after I cancel the claim will insurance companies still acknowledge I made a claim


As a poster above said, it will show that a claim was made, $0 paid out, and it may affect your rates if/when you switch carriers. Keep the police report handy in case.

I had a guy last month switch to my agency, and a report showed an "at-fault" accident. He gave me the police report, and he clearly was not at fault. Gave it to my underwriters and was able to save him $800/year on his auto insurance. His own insurance rates went up because of the "at-fault" incident, though it did not pay a claim. His agent didn't do their job, I did. And I earned his business.
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