Expert: Claims Guy - 8/5/2011

Question
On Easter, I was collided into on the passenger side of my vehicle while on my way to a gas station. The other driver was in a rush because his child was ill and on the way to the hospital. The driver called the police, and after waiting for a while my son called back and they said that they had limited officers because of the holiday and to simply file with our insurance companies since there were no notable human injuries. There were also no witnesses at the scene other than the other driver's wife. After the fact, the other driver claimed that I had merged into his lane causing the accident. The other driver and I are both insured by Geico but he had full coverage and I only had liability insurance. Geico had his car evaluated but refused to evaluate my car, I was only able to get them to look at it by insisting that they look at cell phone photos from the scene. Though they never said it was my fault while talking to me they sent a letter claiming
that the accident was due to an improper lane change on my part. I was driving straight ahead.  I have insisted they look at my car as it is part of the evidance. They said it wan't nesesary. What can I do? Should I hire a lawyer or simply pay out of pocket for repairs?

Answer
Unfortunately this is a very common occurance.  We refer to them as lane change disputes.  One of the drivers is lying and the insurance company does not know who to believe because there are no independent witnesses or other evidence to prove one side over the other.  The insurer then supports their insured and denies the other party.  When both are insured by one company, the claims are normally handled by different claim reps who each support their own insured.  So the denial was likely from the claim rep defending the other driver.

They should speak to the passenger in his car and ask her version.  While she is not an impartial witness, her testimony may carry some weight.  Is there any evidence to support your story?  Does the damage make one version seem more likely?  If so, ask them to consider those facts.

If there is no evidence, then your only option is to sue the other driver in small claims court or district court.  Small claims court in MD goes up to $5,000.  GEICO will assign a lawyer to defend their insued, the other driver.  They will not provide you a lawyer.  Small claims court is very informal and if you are intelligent and articulate, you can represent yourself without a lawyer.  this is very common.  or you could hire a lawyer, but the fees might not be worth it.

If you go to court, a judge will decide who he/she believes.  If you come across as much more credible, you might win.  but there are no guarantees.  Your only costs will be the filing fees ($50-100) and your time.  I've seen these types of cases go both ways, so it might be worth trying.  Also, GEICO might decide to settle to avoid the cost of the trial.  Good luck.