Expert: Claims Guy - 4/5/2010

Question
I was recently rear ended by an unlicensed driver as I was pulling into a parking lot on the right side of the road. No witness statements were taken and the other driver left the scene after exchanging information, before the police arrived. When the officer arrived he looked up the girl's ID information and found she was unlicensed. Geico claims that they completed their investigation and concluded we were both 50% liable considering the other girl said I cut her off and slammed on the breaks. They say since there were no witnesses there is no way to prove who is telling the truth. I later found that the mother stated to Geico that her daughter was licensed at the time of the accident. A lie I can prove with the police write up. They said that was irrelevant, as well as the fact that she rear ended me and was driving without an accident. Then they told me that I can't take them to small claims court. They consider my car totaled and only offer to pay 50% of the worth of my car. Who should I take to small claims court in this case, the family or Geico? And can I even take Geico to court?

Answer
You cannot sue GEICO because you have no Tort against them.  You have a Tort against the other  driver and possibly the owner of the vehicle for negligently allowing an unlicensed driver to use their vehicle.  GEICO has an insurance contrat with the owner of the vehicle and will defnd the owner as well as the driver, assuming the driver had permission to use the vehicle.

If you sue the driver and owner, GEICO will assign an attorney to defend them in small claims court.  You do not need an attorney in small claims court as the forum is very informal.  GEICO is required to provide an attorney and this will cost them.  They might agree to pay you more to avoid court costs.

You will probably appear more credible since the other driver is unlicensed.  I would order the MVA report to prove this, as the police report might not be sufficient.  But it will relaly come down to who the judge believe.  You should be very prepared and know exactly what you plan to say in court.  Write it all down.  And draw a diagra of the scene and take photosso the judge will understand the scene. This will also make you appear more credible to the judge.  Good luck!