Car Insurance Question

[dave29]

Situation:

Our car was hit in our apartment parking lot by another vehicle that didn't have the parking brakes on. This vehicle also hit two other vehicles.

The person whose fault this is took responsibility and also uses GEICO (as we do). GEICO cannot get a hold of one of the people whose car was hit.

They are trying to stall (for three days now) and are saying that they want to use our policy for part of the claim because they do not know whether or not the person at faults policy will cover all of the damages. We have been demanding that they tell us there will be no raise in our premiums. They will only say it will not "necessarily" raise our premiums.

Question: is what they are doing legal? Why should we bear ANY responsibility for an accident that took place while we were at the movies?

My wife has escalated twice on the phone -- the last call we mentioned seeking legal advice. I am just here seeking general advice, at this point.

[Kalyke]

1. Yes it's legal and what they'd do is turn around, get the money

back from the other Geico user - it's called subrogation:

http://injury.findlaw.com/personal-injury/personal-injury-law/subrogation.html

That said - it may still cause your insurance to go up - it may not - but you'll have to weigh that against the necessity of getting your car fixed.

(My husband was an insurance salesman for years).

[HopeHoops]

2. Ah, the things the silly green lizard with the dumb accent didn't tell you in the commercials.

GEICO SUCKS!

EVERYONE who has ever told me about dealing with a GEICO claim has been pissed all to hell and switched companies. I think they spend more on advertising than they do on paying claims. Keep on their butts, but DO IT IN WRITING and keep copies! The phone is a time-consuming black hole. If needed, send the letters registered with return receipt. The only worse insurance company I know of is Continental General, but that is a health insurance nightmare.

[meegbear]

3. Our car was hit ... by another vehicle that didn't have the parking brakes on?

Huh? :shrug:

[Ilsa]

4. I was having my windshield replaced this morning and overheard

the woman (25 years experience) tell a man that it usually takes three incidences to raise your insurance premiums, but I don't remember what time frame that was, or if that applied to most insurance companies.

Good luck with getting your car fixed and claims taken care of. Maybe your insurance company will take care of suing the person responsible.

[Captain Hilts]

8. No, you get hit even once your insurance goes up because you are now a higher risk to get hit. nt

[NeedleCast]

11. You don't even have to get hit, you just have to file a claim

A few years back someone slashed the top on my convertible and stole some (expensive) things out of it. I was a dumbass for leaving valuables (an I-pod and a Garmin GPS system) in the car and visible, no question. Insurance replaced the convertible top, but my insurance went up.

It can also be held against you in other ways. For example, after the top getting slashed, I had an at fault accident about a year later. State Farm dropped me as soon as my current period was up citing the accident AND the filing to replace the convertible top as reasons.

[Captain Hilts]

12. Yep. nt

[BuyingThyme]

5. I wouldn't let them put any blame on me. Sounds like insurance fraud.

Maybe you should call and ask to speak to their fraud department and explain, in roundabout terms, that somebody is trying to commit fraud against Geico. Don't tell them until the end of the conversation that the people committing fraud against Geico also work for Geico.

[imdjh]

6. It appears to be a trend with GEICO. Deny, delay

They pulled the same crap on me, though I have a different company. The other driver got the ticket, the witness confirmed fault, and GEICO tried to go for some "comparative negligence" bullshit, offering to pay 80%. I got it fixed through my company and got my money back, but it took months.

As their customer, I don't know if you can get a lawyer to help you, but if you can then you want both your car fixed and "diminished value". And then go with State Farm or The Hartford.

[newinnm]

7. Your Rates Can go up

If the state allows them to rate you on the number of incidents you have. They probably cannot surcharge you for the accident but they can remove an accident free discount. The issue with them not knowing if the person will not have enough coverage is that many people go with the state minimum and that typically is 10,000 in property damage. They are probably waiting to see how much damage is on the other car because the person who hit your car's policy will pay proportionally to each of you. If there is not enough coverage then your policy will have to make up the difference. If you have Underinsured coverage, the money will come from that. If you dont have underinsured then it will come from your Collision coverage.


nnnm

[madmom]

9. My hubby and I had wrecks within 4 months of each other, neither was our fault. Our rates went up

we were higher risk. This was Prudential.

[polmaven]

10. Insurance laws are different

in every state, so I can only go into generalities. Usually, a legally parked car cannot be held responsible for damages if hit by an identified car, and rates are not increased even if your own policy pays out part of the money.

The "at fault" vehicle policy has only a limited amount of property damage coverage, which is why GEICO wants to be sure all 3 cars' damages are known before making payments. If the policy limit is reached, all 3 may have to tap your own policies for part of the damages.

You may have "un/under insured" motorists coverage to use as well.

You may be better off going through your own policy and letting them subrogate for what they can recover from the responsible party's policy....less of a hassle.