Expert: Doctor Settlement - 8/29/2006

Question
I was recently involved in an accident where the other party ran a red light, and I couldn't stop in time, and hit his vehicle.  Three of his passengers fled the scene that looked injured.  He had no license and no proof of insurance.  I filed a claim with Geico that night.  Three days later, we finally got in touch with the Owner of the vehicle, who was not the driver.  They are also insured with Geico.  They are claiming that the driver did not have permission to drive their vehicle.  They are dodging Geico and my calls at this point.

Geico says that they won't pay for my damages under Uninsured Motorists until the speak with the driver and owner again.  They also say they won't pay for my damages on the other party's claim if they find out the other driver did, in fact, not have permission to drive their car.

My question is, how long can this go on?  If the other driver didn't have permission and didn't have a driver's license, he won't be too eager to return Geico's calls, will he?  The other owner is simply doging Geico's calls at this point.

The other driver was cited for running a red light and for driving without a license on the night of the accident.  I have three young children and a limited budget and I feel like I'm an honest man caught in a loophole in the system.  What can I do?

Answer

Dear Brian,

Here is my advice first, to be followed by my "soapbox" comments regarding the insurance industry.

You are right.  They HAVE to open your UIM claim, pending resolution of whether or not the driver is covered.  Non-permissive drivers are not covered.  The investigation could take 10 days, easily.  And, I have seen the company going back and forth with their investigation for more than twenty-eight days, leaving their poor insured to suffer without service.

I would not deal with them anymore via the phone.  BUT, I would make a written diary of what has been said to date.  I would send a certified letter instructing them to open  your UIM claim and asking where to get your car repaired.  I would open your Personal Injury Protection (PIP) or MedPay coverage to get your medical bills paid.

I would also call your state insurance commissioner http://www.settlementcentral.com/links.php

Sound them out on this problem and get a copy of their complaint form.  Fill out the form ---- but do not send it in at this time.  Instead send an "advance" or warning copy to the claims supervisor.

THAT should get you started.  So we are finished with your questions.  Now you can quit reading, because what follows is my little rant that was brought on by these arrogant abusive insurers.

Don't you just LOVE insurance companies?  Here they are whining about too many lawsuits, but the insurance industry raked in all time record profits in 2005.

Part of the reason is just screwing over those whom they are supposed to be paying.

Think of what they are gaining nationwide among all companies if they can keep their money for just 10 days in their investments, as opposed to putting the money in your hands.  We are talking HUGE earnings over the course of the year just by delaying payments for even just 10 days on maybe one-third of their claims!

OK, I feel better now.

Take it easy, you will prevail once you send that complaint form advance copy.

Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com