Got rear-ended, how to proceed and not get screwed?

(Topic ID: 225115)

Got rear-ended, how to proceed and not get screwed?


By radium

6 months ago



Topic Stats

  • 83 posts
  • 45 Pinsiders participating
  • Latest reply 6 months ago by DCFAN
  • Topic is favorited by 2 Pinsiders

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    #1 6 months ago

    My wife (with all four kids in the car!) was stopped at a red light and some teenager behind her was texting and hit her. Nobody was hurt, but the back of my Suburban (that I bought three weeks ago!) has some cosmetic damage. My wife called the police and filed a report at the scene.

    Now the kids insurance company (Geico) has contacted us and things are not going well. They said they cannot get ahold of the policyholder, he’s ignoring calls. The rep said they are still deciding if they will cover our damages. She had a “probably not” vibe that I didn’t like.

    Geico also wants us to pay for a copy of the police report to send to them. Shouldn’t THEY be paying for this? Any tips on what I should do to not get screwed here? I just want my car fixed.

    #2 6 months ago

    I’ve found being in the auto industry and working with the body shop guys that this could be considered a no fault attempt. Progressive tried it with me years ago after my truck got rear ended. I just told them to consider the police report ( assuming other driver was found at fault by report?). There’s no argument on that. As far as Gieco trying to get their clients info, not your direct issue. Remind them nicely of that.

    Did the other driver even file a report or were they cited on scene?

    #3 6 months ago

    Geico basically screwed me out of over $100,000 about 12 years ago that pretty much put me out of business. Really long story but after 4 years of fighting with them and several trips driving back & forth to TN from central PA to meet with lawyer, etc I finally gave up. Accident happened when my parked RV (I used for business) was hit by a driver while I was set up at a show in TN - since accident happened in TN we had to use TN court system.. Accident did thousands of dollars worth of damage to my RV totaled my trailer and basically kept me off the road for almost a year while RV was being repaired. Geico refused to put me into a rental vehicle so I could set up at shows I had booked which cost me at least a quarter of a million dollars in gross sales.

    GOOD LUCK!

    #4 6 months ago

    Lawyer up and dont talk to the insurance company. A lot of places don't charge unless they win.
    In the future, grab a dashcam. Saved my butt from a crooked cop that tried to say I ran a red light that was clearly green. Once I drew attention to the cam, he immediately lost interest and I was on my way. Good ones can be had for $50.

    #5 6 months ago

    Once you ‘ lawyer up’ you’ve changed the game and can write off any near future repairs. My dealership will always go above and beyond for our service customers but if a situation does occur and threats are thrown, then goodwill or help in general gets put on hold until litigation proceeds.

    Possibly issue is entirely with the other Gieco customer giving them the runaround on info involved in accident. Again, was that person cited at the scene? Pretty important.

    #6 6 months ago

    We haven’t seen the police report yet, but both parties were present at the scene when police arrived and the officer told my wife the other driver WAS at fault.

    11
    #7 6 months ago

    what does your own insurance say to do?

    #8 6 months ago

    Yep your insurance company should be helping you out. Here in Florida your own insurance company can pay for the damage and they go after the other drivers policy for your deductible. Best advice there from Sd Tom, contact your agent and get them to do the work.

    #9 6 months ago

    Oh really? We weren’t sure if we should involve our insurance company because I don’t want my rate going up.

    13
    #10 6 months ago

    Definitely call your insurance company - you should do that immediately anyway. They will handle GEICO; this may be why you’re grtting the runaround. Call your people and they will handle it for you

    #11 6 months ago

    Shouldnt. You werent at fault, if police report shows that, you should not get a rate increase for a not at fault accident. You should always be able to contact your agent and get advice and assisstance for any situation like this, thats what they get paid for.

    #12 6 months ago

    Is your state a no fault state? I kno mi is, big pia.

    #13 6 months ago

    Im pretty sure no fault only applies to injuries sustained in an auto accident, not damages to the vehicle. Cant say for certain in LA, but thats the way it is in most states.
    (EDIT) LA is not a no fault state anyway.

    #14 6 months ago

    Insurance COmpaNies are your friend, until something goes wrong......

    #15 6 months ago

    Get the police report. Minimal cost and you want it anyway. If it confirms other driver admitted fault then send it to Geico adjuster. Unless the car was stolen or the policyholder misrepresented the drivers in household Geico won’t be able to deny coverage. Since your vehicle is new I assume you have “full coverage” which includes collision. You can make a claim through your insurance they will fix car but you will have to pay your property damage deductible up front. Your ins company will then go after Geico to get back their money and yours. Your rates don’t go up unless you are at fault 20% or more - or so they say. Try through Geico first.

    #16 6 months ago

    We had something very similar happen to us. Get your insurance company involved ASAP. Your insurance company will deal with Geico. What happen to us was our insurance company handled it and repaired our vehicle (minus the deductable). Now our insurance attempted to take the other party to court and asked if we would testify. Which we said yes. But every time the hearing neared the other driver couldn't be found. This happened a couple of time until our insurance company closed the case. Anyhow, good luck.

    #17 6 months ago

    Have your insurance company handle it, same exact thing happened to us, i called our insurance company and they handled it no problems, rates never went up (at least for that reason) kids insurance will pay for your car cause it was his fault.

    #18 6 months ago

    I've been involved in this before and everyone is right, call your insurance company ASAP. Deal with them and they will deal with Geico. Even though you might be in a no-fault state, the insurance companies will determine the percentage at fault between themselves. I can't see how you would be assigned any fault as you were stopped and were rear ended.

    That's how I got plowed a few years ago and my rates never changed. The assigned it as 0% my fault and never changed my rates.

    #19 6 months ago

    Give all the info to your insurance company and let them handle it, this is what you pay them for. It's going to be real hard for Geico to wiggle out of this one.

    #20 6 months ago

    Insurance companies only look out for themselves. The commercials on TV really make me laugh- "Nationwide is on your side", "Like a good neighbor, SF is there"-really? Until its time for them to pay out.

    I got hit almost 1 year ago in a parking lot-young girl wasn't paying attention when she was backing out of a parking space and hit me while I was waiting to turn onto the street. I didn't file a report-but I did take pics on both vehicles damage and of her id/insurance card. So I take my truck to THEIR shop for an estimate (I wholesale Ford parts to body shops throughout the Chicago area and this place is a chop shop) and I got estimates from 3 shops I trust in my area. When their insurance company couldn't get a hold of their client-they denied my claim! So I had my lawyer send her a letter and viola-she starts cooperating. Finally 7 months later I get a check for $164.00-my shops estimated were in the $1000 range. They wont negotiate or pay for a rental so the 'chop shop' can fix it leaving me without transportation for a week. So now I have MY insurance involved (which I should have done to begin with).

    Call your insurance company and let them handle it....that's what they get paid to do....

    #21 6 months ago

    Who would have thought that a company with an adorable Gecko frontman could be such wankers.

    #22 6 months ago

    Tell geico that if they dont immediately fix your car, you can also play games and all your backs will suddenly start hurting.

    #23 6 months ago

    Hire one of those TV lawyers, they'll tell you what your case is worth and you won't owe a penny until we win your case.

    #24 6 months ago

    Always best to let your ins company handle it provided you don't have a crappy company yourself. It will cost you your deductible up front but months or years from now you will get that back once Geico settles with your company. As a side note and i don't know if it applies to you or not I wish people would stop taking the $1000 deductible on their policy about half of my customers cant come up with it and want me to "help" them.

    10
    #25 6 months ago

    Got police report. Literally says the other guy was at fault so that’s good. Working with our insurance company to see where that gets us.

    Thanks everyone for the input.

    #26 6 months ago
    Quoted from DexterH:

    Tell geico that if they dont immediately fix your car, you can also play games and all your backs will suddenly start hurting.

    Yeah I did the same thing about 13 years ago. I got rear ended and my car was still drivable. The insurance of the opposite party was dragging their feet. I called them and said my back was hurting. They said You need us to set up a doctors appointment? I said no my car is beating me up driving it around all messed up I might need one soon. I had a appointment to fix my car and rental the next day.

    #27 6 months ago
    Quoted from ssbodyman:

    Always best to let your ins company handle it provided you don't have a crappy company yourself. It will cost you your deductible up front but months or years from now you will get that back once Geico settles with your company. As a side note and i don't know if it applies to you or not I wish people would stop taking the $1000 deductible on their policy about half of my customers cant come up with it and want me to "help" them.

    Huh? I don’t intend to pay any deductible to my own insurance company. I wasn’t at fault, I want the other guy to cover my repairs and that’s it.

    #28 6 months ago
    Quoted from radium:

    Huh? I don’t intend to pay any deductible to my own insurance company. I wasn’t at fault, I want the other guy to cover my repairs and that’s it.

    Thats not how it works. Your choices are go thru your ins pay the deductible and get it back sometime later or wait for Geico to handle it and pay nothing.

    #29 6 months ago
    Quoted from ssbodyman:

    Thats not how it works. Your choices are go thru your ins pay the deductible and get it back sometime later or wait for Geico to handle it and pay nothing.

    If I want to gamble I'll drive my dented car to the casino. I don't trust my own insurance company any more than I trust Geico.

    #30 6 months ago
    Quoted from radium:

    My wife (with all four kids in the car!) was stopped at a red light and some teenager behind her was texting and hit her. Nobody was hurt, but the back of my Suburban (that I bought three weeks ago!) has some cosmetic damage. My wife called the police and filed a report at the scene.
    Now the kids insurance company (Geico) has contacted us and things are not going well. They said they cannot get ahold of the policyholder, he’s ignoring calls. The rep said they are still deciding if they will cover our damages. She had a “probably not” vibe that I didn’t like.
    Geico also wants us to pay for a copy of the police report to send to them. Shouldn’t THEY be paying for this? Any tips on what I should do to not get screwed here? I just want my car fixed.

    Interested to see the damage. Any pics.?

    #31 6 months ago

    You paying the deductible depends if you have Broad Form Collision coverage. If so and you're not at fault, you pay -$0-. If you are at fault, you pay the deductible.

    With standard collision coverage, you pay the deductible no matter who is at fault.

    In Michigan, a shitty no fault insurance state (which also has 84% of the U.S. freshwater but none for its residents to drink), You can sue the at fault driver for $1K under the Mini-Tort rule.

    #32 6 months ago

    I got rear ended two years ago. The other party was at fault. Police report noted that as well. I call my insurance company immediately and gave them what they needed. My car was fixed in the next month or so. It was the easiest thing ever. It never once crossed my mind to call the other party’s insurance company. Glad I didn’t. Haha.

    #33 6 months ago
    Quoted from radium:

    If I want to gamble I'll drive my dented car to the casino. I don't trust my own insurance company any more than I trust Geico.

    The bigger gamble would have been to not contact your own insurance company, so good thing it sounds like you did . Having your insurance take care of this might be the best advice . Yes your vehicle was damaged ( how much ? is another question you should have a good answer to before you proceed) yes other driver was at fault . Should the other drivers insurance pay for your repairs? Yes . Will they ? Maybe ....

    #34 6 months ago

    Always have an umbrella policy, will save your ass if you ever have a big issue.

    #35 6 months ago

    Insurance companies are your friend, until something goes wrong.

    #36 6 months ago
    Quoted from MrBally:

    In Michigan, a shitty no fault insurance state (which also has 84% of the U.S. freshwater but none for its residents to drink), You can sue the at fault driver for $1K under the Mini-Tort rule.

    who knew that mrbally was secretly emily sioma
    https://jezebel.com/ladies-and-gentlemen-miss-michigan-1828929978?utm_source=jezebel_newsletter&utm_medium=email&utm_campaign=2018-09-10

    #37 6 months ago

    Your looking for legal advice on a pinball forum? Hope that works out for ya.

    #38 6 months ago
    Quoted from NinJaBooT:

    Your looking for legal advice on a pinball forum? Hope that works out for ya.

    There may be a few gems in all the crap

    Anyway, there are quite a few of us on here and many may have had some experiences to share or a pinsider may work in the field that can give more insight. I don't see the harm in asking...

    #39 6 months ago
    Quoted from Goronic:

    There may be a few gems in all the crap

    I think I recall Mythbusters polishing a turd in one episode. Well several actually.

    #40 6 months ago
    Quoted from tacshose:

    Always have an umbrella policy, will save your ass if you ever have a big issue.

    How does an umbrella policy help you if you are hit? Thought they were liability only.

    #41 6 months ago
    Quoted from NinJaBooT:

    Your looking for legal advice on a pinball forum? Hope that works out for ya.

    Not necessarily legal advice, I believe the op was looking for advice on how to proceed with this situation . People on this site may have had a something similar happen to them . Or the op could be looking for advice of people that work within the industry that would be repairing his car . I have worked in a body shop for 15 years , pretty sure ssbodyman has been working at one longer than me . I believe our advice to contact their own insurance was solid advice .

    #42 6 months ago
    Quoted from NinJaBooT:

    Your looking for legal advice on a pinball forum? Hope that works out for ya.

    #43 6 months ago
    Quoted from DexterH:

    Tell geico that if they dont immediately fix your car, you can also play games and all your backs will suddenly start hurting.

    This was the winning answer. Geico agreed to pay up immediately and also provide funds to cover a rental.

    We ended up not getting my insurance involved, since I was not willing to risk throwing money away at a deductible that may or may not be recovered.

    #44 6 months ago
    Quoted from NinJaBooT:

    Your looking for legal advice on a pinball forum? Hope that works out for ya.

    Worked out great, thanks! Everyone's experience and insight was very helpful.

    #45 6 months ago
    Quoted from radium:

    Geico agreed to pay up immediately and also provide funds to cover a rental.

    If you have not already done so, DON'T sign their waiver to pay for future treatment from accident related injury. Most insurance providers offer up money early in a claim if you sign one so you can't come back a week or two later should injuries be late in discovery.
    Don't sign anything until your car is fixed and back in your possession and your 100% certain your physically OK.
    They should offer to even pay for an exam to make sure your OK as this would also help them later if injuries "magically" appear.

    #46 6 months ago
    Quoted from radium:

    We haven’t seen the police report yet, but both parties were present at the scene when police arrived and the officer told my wife the other driver WAS at fault.

    Quoted from radium:

    Got police report. Literally says the other guy was at fault so that’s good. Working with our insurance company to see where that gets us.
    Thanks everyone for the input.

    When you are rear ended, the other driver is always considered at fault. Every state has a law on the books, regarding following to close and causing the unsafe condition, regardless of common excuses that might have caused the danger that the other driver will cite. Only exceptions that might be considered are sudden heart attack, extreme sudden catastrophic events of weather or earthquakes, road failure.
    Some kind of event that was completely out of control where the cause driver of the rear end cannot in any way help negate the unsafe condition.

    #47 6 months ago

    Did they put in the police report that the kid was texting at the time? Did they check the phone for time of accident? Could be different ballgame...

    #48 6 months ago

    Don't worry yet. That line about not being able to get a hold of the policy holder may be a stretch. My wife re-ended some one once and the insurance company said the same thing to the person my wife hit. My wife returned every call but she works in a lab and sometimes she wouldn't be able to respond for 6-8 hours. Not everyone has the flexibility to return calls as quickly as the rest of us would like.

    Very unlikely you wouldn't be compensated.

    #49 6 months ago
    Quoted from radium:

    Worked out great, thanks! Everyone's experience and insight was very helpful.

    Pay attention to your rates on your next insurance renewal. I went through the exact same thing as you last year. I was t-boned by a kid that apparently didn't understand what a stop sign was. He sent me flying off into a corn field, and my truck was totalled. He was completely at fault, and my truck was a complete write-off that his insurance took care of.

    When I got my insurance renewal the following year, my rates were quoted $25/month higher with about half of the insurance companies I had quoted, because I was involved in a no-fault accident.

    #50 6 months ago
    Quoted from radium:

    This was the winning answer. Geico agreed to pay up immediately and also provide funds to cover a rental.

    so the winning answer was ignoring nearly everyone to contact your own insurance and instead you took the advice to threaten medical claim fraud ?

    glad it worked out but this seems like the wrong way to go about it.

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