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Expert: webfoot - 4/15/2009


Question
A Geico insured driver hit my car. the police gave the geico insured a ticket
for driving into my side of the street. it is a 2 lane 1 lane in one direction and
the other lane in opposite direction.  
I am trying make a claim with geico to get my car fixed.  it has been 7 days
and the insured has not given her statement.  and geico says they ca't move
on.  how do i convince geico to pay for my car!

Answer
Cathy,

Dang those lizard and eye-balled money stack loving Geico drivers...
I actually have a theory that the Gecko was killed in the last commercial when the executive fell backwards on him and that's why we are stuck with the big eyed money stack character.

Seriously, whether it be Geico or any other insurance company, the policy holder has a legal obligation to cooperate with the insurer during the course of their investigation.  If any of us have auto insurance, we have agreed to such a clause in our policy.

The basis behind this is that no insurer can be expected to pay out a claim against their insured if their own insured is unwilling to provide the needed information to properly defend their exposure.  

The insurer has likely already sent a letter to their insured that states the above along with a statement that if the insured continues to be "out of touch" the insurer has the legal right to deny coverage.  In most cases, this letter will compel the other person to call up on provide a statement.  In the unlikely event that they still do not cooperate, then the insurer has the legal right to deny coverage to the person and in many cases, cancel the policy.  
Please understand that this rarely happens.

In the mean time, you may want to consider filing a claim with your own insurance company as in most states, you do have a legal obligation to do whatever is reasonably necessary to minimize your losses.

Good luck and let me know if things don't start falling into place within the next 30 days.

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webfoot

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Auto damage, liability, insurance fraud. I am a full time auto insurance adjuster with experience in collision, theft, liability and fraud investigation. I am also an ASE Master Auto Tech and I-Car Collision Platinum certified. My experience includes 15 years in the auto repair industry, a B.S. in Criminal Justice, Law enforcement and auto insurance. ****** NO "PRIVATE" QUESTIONS WILL BE ANSWERED. I HAVE FOUND THAT NEARLY ALL PRIVATE QUESTIONS COME FROM PEOPLE WHO ARE CONSIDERING OR ATTEMPTING TO COMMIT FELONY INSURANCE FRAUD AND I'M NOT HERE TO HELP YOU! ****** I AM HERE TO ANSWER AUTOMOTIVE REPAIR, CLAIMS PROCESS AND SOME SIMPLE LIABILITY QUESTIONS. I CANNOT ADDRESS COMPLEX LIABILITY SCENARIOS WITHOUT HAVING ALL OF THE INFO FROM BOTH SIDES IN FRONT OF ME. QUESTIONS ABOUT PREMIUMS OR HOW INSURANCE IS RATED SHOULD BE ADDRESSED TO YOUR PERSONAL INSURANCE AGENT WHO KNOWS A WHOLE LOT MORE ABOUT YOUR HISTORY THAN I DO. I'VE NEVER SOLD INSURANCE AND DO NOT KNOW IF YOUR INDIVIDUAL INSURANCE RATES WILL GO UP IF YOU MAKE A CLAIM. THOUGH I'VE HANDLED SOME VERY MINOR SOFT TISSUE INJURY SETTLEMENTS, I PREFER NOT TO ANSWER INJURY RELATED QUESTIONS. I'M NO INJURY EXPERT AND I'LL LIKELY SAY SOMETHING TO HURT SOMEONE'S FEELINGS AS I BELIEVE THAT MANY SOFT TISSUE PAIN AND SUFFERING CLAIMS ARE OVER DRAMATIZED. UNLIKE MANY OTHERS, I AM ON THIS FORUM AS A VOLUNTEER WITH NO PRODUCTS OR SERVICES TO SELL AND PROMISE AN UPFRONT ANSWER BASED ON MY EXPERIENCE IN BOTH SIDES OF THE INDUSTRY. IF YOU PROVIDE ME WITH A HONEST VERSION OF EVENTS, I PROMISE A CANDID AND HONEST ANSWER IN RETURN. I CANNOT ADDRESS ALL CLAIM SCENERIOS DUE TO DIFFERING STATE LAWS AND REGULATIONS, BUT WILL DO MY BEST. PLEASE REMEMBER THAT AN HONEST ANSWER MAY BE ONE THAT YOU DON'T LIKE SO IF THAT IS GOING TO BE A PROBLEM, PLEASE DON'T ASK THE QUESTION. LASTLY, I DO NOT ACCEPT RATINGS AS I DON'T DO THIS FOR RATINGS AND WISH TO SPEAK FREELY.

Experience

20 years in automotive industry, Currently in insurance claims, worked actively as technician and shop owner until about 10 years ago. Current ASE Master Auto Tech and I-Car Platinum Collision Certifications, B.S. Criminal Justice and 10 year auto insurance/extended warranty background

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