HELP My Parked Car Was Hit - Insurance Not Making Sense - No Fault

Discussion in 'General Motoring' started by InsuranceHelp2004, Apr 17, 2004.

  1. Hello All,
    I apologize for the cross posting but I am need of some serious
    experienced advice before I take another step with the insurance
    companies. I'll get right to it and try the best I can to stick to the
    facts and not give my opinions. Here are some details I hope can help
    assist you with offering some sound advice with dealing with these
    insurance companies and adjusters. I live in Baltimore, MD and still
    have comprehensive coverage on my car (no collision). My car was paid
    in full and had a blue book vale of 9400. It was a Pre Owned Certified
    vehicle. My insurance company is Geico.

    There was a six car accident in front of my home. Of the six cars, 3
    of them were parked on the side of the street, the other 3 were in
    motion driving down the street. I heard the accident when it happened
    when I was at home. I will refer to the 3 cars in motion as car # 1 -
    3. The parked cars I will refer to as cars # 4 - 6. My car will be #
    4. From the investigation of the scene car # 1 struck car # 2 in the
    rear, the impact caused car # 2 to spin out of control and hit moving
    car # 3 (which was in front of car # 2) and car # 2 hit all 3 parked
    cars # 4-6. Car # 4, my car was the 1st car that was hit upon impact
    from
    car # 2, and it hit (and totalled) car # 5 and car # 6 just had minor
    rear damage to the trunk and bumper. My car driver side door is so
    smashed in it cannot be opened and the rim on the passenger sidewas
    damaged by the impact being parked next to the curb. I'm worried about
    unseen damage since car # 5 was totalled and it was the 2nd car hit by
    car # 2. I can only imagine what has happened to my vehicle.

    The officers at the scene told us since there was so much damage and
    ambulances at the scene that they would gather all the information. I
    gather all information I could from the scene - car models,plates,
    colors, # of passengers, etc. I gave all necessary information and
    spoke the officers, the officer said car # 1 was responsible for
    setting in motion the car accident. I got a copy of the police report
    as told by my insurance company and the police officer. The police
    report has car # 1 driver in their own writing and signature stating
    that he slammed his brakes and struck car # 2 in the rear and that car
    # 2 had hit all the parked cars. The driver of car # 2 was taken to
    the hospital and has no statement on file.

    Now at this point, this is where it gets odd. Car # 1, who is insured
    with State Farm, is saying that car #2 cut him off and that is the
    fault of car #2 for the accident. Car # 1 admits fault to hitting the
    rear of car # 2, but that is was car # 2 fault for cutting him off
    that caused the accident. The State Farm adjust has been less than
    cooperable with helping expedite this process. The adjuster said that
    car # 1 said there was "misunderstanding" with the police report and
    that car # 1 driver said he didn't agree with the police report
    (which he wrote and signed himself) and that they needed to get a hold
    of the officer who filed the report to get it cleared up. In Maryland,
    I thought it was not possible to change a police report once it has
    been filed. I let them do that, as expected no change. Now the State
    Farm adjuster refuses to look at my car or assume liabity at all for
    the accident. The adjuster tells me he is going to issue a letter of
    denial for liability next week. As for car # 2, which is the car that
    impacted with my car, I wasn't even listed on their claim and they
    didn't have a copy of the police report. I faxed them over a copy of
    the police report and they updated their info. Car # 2's insurer said
    an adjuster was going to look at my car and that they would call to
    set an appointment to look at the car. but that has not been
    confirmed. Now, car # 2's insurer is going to send a letter of denial
    for liability because car #1's insurer is doing the same. This where
    my dilemna comes in, because of my insurance coverage with Geico I
    cannot claim underinsured motorist damage without a liable party. With
    both car #1 and car # 2 about to deny any liability for this accident,
    I'm without a car since technically there is no one underinsured to
    accept responsibility for the damage to my parked car.

    Please, I hope someone can help me with this, I'd rather not go to
    court and I'm just looking to get my car back to the way it was. I
    have been riding my bike back and forth to work for the last 3 weeks.
    The insurance companies are being extremely uncooperative and taking
    their time at my expense. I'm feeling like I'm being taken advantage
    of at someone else's expense. My car was parked in front of my home
    when it was hit, I can't understand why I am being treated like I did
    something wrong. Any legal information or advice would be greatly
    appreciated on how to pursue this. Thank you all in advance.

    I feel that Geico and myself should not be responsible for the damage,
    since I was in no way at fault or involved with this accident. I was
    simply parked in front of my home and it's been 3 weeks and no one has
    come to even look at the car.
     
    InsuranceHelp2004, Apr 17, 2004
    #1
  2. InsuranceHelp2004

    Lowryter Guest

    Geico should make good to you now, and then after fault is established against
    one of the other vehicles, that vehicle's insurance should settle with Geico.

    after all, you have them to represent you.

    Unfortunately, I dropped Geico after one year when they didn't pay for shopping
    cart accident at a grocery store. They have a way of technically weaseling out
    responsibility. I think this is due to the fact that have few agents and you
    seem to deal with the company on the phone rather than face to face.

    In this case they are playing the shell game and leaving you stranded. If you
    have an agent you would have a little more leverage because he would try to
    keep your business.
     
    Lowryter, Apr 17, 2004
    #2
  3. InsuranceHelp2004

    mike Guest

    geico should come, look at your car, and try to sort everything out. thats
    what *they* are being paid for.
     
    mike, Apr 17, 2004
    #3
  4. InsuranceHelp2004

    mike Guest

    geico should come, look at your car, and try to sort everything out. thats
    what *they* are being paid for.
     
    mike, Apr 17, 2004
    #4
  5. InsuranceHelp2004

    John Ings Guest

    Wholesale or retail? Because the wholesale value is all they'll pay
    you unless you do a lot of screaming.
    They keep lawyers on full time retainer. It costs them nothing to
    delay and delay in the hope that you'll give up. Court calendars are
    jammed and it's easy to delay and dawdle.
    You aren't. You're being treated like you're helpless and with little
    recourse, which you are.
    Justice or fair compensation has nothing to do with it. Too many
    people are out to screw the insurance companies, so they have adopted
    the policy of screwing the public. In your case there are multiple
    insurers so they are busy trying to screw each other, their claimants,
    and their insurees.

    In the real world this is what's called a cluster ****.

    Lotsa luck :-(
     
    John Ings, Apr 17, 2004
    #5
  6. InsuranceHelp2004

    John Ings Guest

    Wholesale or retail? Because the wholesale value is all they'll pay
    you unless you do a lot of screaming.
    They keep lawyers on full time retainer. It costs them nothing to
    delay and delay in the hope that you'll give up. Court calendars are
    jammed and it's easy to delay and dawdle.
    You aren't. You're being treated like you're helpless and with little
    recourse, which you are.
    Justice or fair compensation has nothing to do with it. Too many
    people are out to screw the insurance companies, so they have adopted
    the policy of screwing the public. In your case there are multiple
    insurers so they are busy trying to screw each other, their claimants,
    and their insurees.

    In the real world this is what's called a cluster ****.

    Lotsa luck :-(
     
    John Ings, Apr 17, 2004
    #6
  7. InsuranceHelp2004

    QDurham Guest

    They keep lawyers on full time retainer. It costs them nothing to delay and
    delay in the hope that you'll give up. Court calendars are jammed and it's easy
    to delay and dawdle.>

    Last year Farmers told me that they could do nothing useful for a month as the
    lady running the show "just got married and will be on her honeymoon for the
    next month."

    Lousy bums.

    Quent
     
    QDurham, Apr 17, 2004
    #7
  8. InsuranceHelp2004

    E. Meyer Guest

    I think if Geico won't step up and handle it for you, you will have to sue
    the drivers directly for the damages. Ultimately, the insurance companies
    were hired to act at their agents, but I don't think that relieves them of
    personal responsibility/liability, whether they deny it or not. I don't see
    any way for you to get compensation without at least hiring a lawyer and
    probably going to court.
     
    E. Meyer, Apr 17, 2004
    #8
  9. InsuranceHelp2004

    E. Meyer Guest

    I think if Geico won't step up and handle it for you, you will have to sue
    the drivers directly for the damages. Ultimately, the insurance companies
    were hired to act at their agents, but I don't think that relieves them of
    personal responsibility/liability, whether they deny it or not. I don't see
    any way for you to get compensation without at least hiring a lawyer and
    probably going to court.
     
    E. Meyer, Apr 17, 2004
    #9
  10. InsuranceHelp2004

    t thome Guest

    Work with Gieco, take the info from all parties, the police reports, etc,
    and let your insurance company work it out. This is why you have
    insurance... if you go to the other party's insurance CO, they will take
    your claim, but it is in their interest not to pay up full bill...

    As a third party to the accident, Gieco knows that you are not at fault, and
    the claim should not impact your ratings (i.e. your car was parked in a
    legal manner). Gieco will take the info for your claim, go after State Farm,
    and get the money from them. Your other option, depending on the loss, is to
    pursue a civil action against the insurance companies and involved parties
    in the accident.

    Hope that all things work out... sounds like a pretty complex deal, but the
    police report is the key.

    Tim
     
    t thome, Apr 17, 2004
    #10
  11. InsuranceHelp2004

    t thome Guest

    Work with Gieco, take the info from all parties, the police reports, etc,
    and let your insurance company work it out. This is why you have
    insurance... if you go to the other party's insurance CO, they will take
    your claim, but it is in their interest not to pay up full bill...

    As a third party to the accident, Gieco knows that you are not at fault, and
    the claim should not impact your ratings (i.e. your car was parked in a
    legal manner). Gieco will take the info for your claim, go after State Farm,
    and get the money from them. Your other option, depending on the loss, is to
    pursue a civil action against the insurance companies and involved parties
    in the accident.

    Hope that all things work out... sounds like a pretty complex deal, but the
    police report is the key.

    Tim
     
    t thome, Apr 17, 2004
    #11
  12. InsuranceHelp2004

    John Adams Guest

    Another thing you might try; if you have "Mr/Ms Fix this problem" in the
    local paper or a local TV station you might try to get them involved to
    help resolve the problem.
    I'm sure the threat of negative publicity in the press or on the air would
    motivate a
    settlement. Good Luck..
     
    John Adams, Apr 17, 2004
    #12
  13. InsuranceHelp2004

    John Adams Guest

    Another thing you might try; if you have "Mr/Ms Fix this problem" in the
    local paper or a local TV station you might try to get them involved to
    help resolve the problem.
    I'm sure the threat of negative publicity in the press or on the air would
    motivate a
    settlement. Good Luck..
     
    John Adams, Apr 17, 2004
    #13
  14. Court. Judge will decide which is actually at fault.

    Eventually oe will be declared at fault, then you get to make a claim.

    Hopefully this won't take more than 2-3 months.
     
    Joseph Oberlander, Apr 17, 2004
    #14
  15. Court. Judge will decide which is actually at fault.

    Eventually oe will be declared at fault, then you get to make a claim.

    Hopefully this won't take more than 2-3 months.
     
    Joseph Oberlander, Apr 17, 2004
    #15
  16. InsuranceHelp2004

    Tony Hwang Guest

    Hi,
    Going to court or not is not an issue, No matter what, your insurance is
    obliged to work on behalf of you. You don't need your own lawyer, your
    insurance company has it's own lawyer for cases like this. Not matter
    what, you're the victim if your car was parked on the street where
    parking is allowed. I think your insurnace has to fix your car and get
    the cost from the other insurance companies.
    Similar thing happened to me some years ago and my insurance company
    exactly did that for me.
    Tony
     
    Tony Hwang, Apr 17, 2004
    #16
  17. InsuranceHelp2004

    Tony Hwang Guest

    Hi,
    Going to court or not is not an issue, No matter what, your insurance is
    obliged to work on behalf of you. You don't need your own lawyer, your
    insurance company has it's own lawyer for cases like this. Not matter
    what, you're the victim if your car was parked on the street where
    parking is allowed. I think your insurnace has to fix your car and get
    the cost from the other insurance companies.
    Similar thing happened to me some years ago and my insurance company
    exactly did that for me.
    Tony
     
    Tony Hwang, Apr 17, 2004
    #17
  18. Hmmm, are you sure about that? The last time someone whacked my car, in a
    parking lot, and ran, my insurance classed it as a collision... meaning I
    had to pay the higher deductible I had on collision insurance vs.
    comprehensive. The OP says he has no collision insurance so I'd expect
    Geico to simply say "not our problem".

    Rgds, George Macdonald

    "Just because they're paranoid doesn't mean you're not psychotic" - Who, me??
     
    George Macdonald, Apr 18, 2004
    #18
  19. Hmmm, are you sure about that? The last time someone whacked my car, in a
    parking lot, and ran, my insurance classed it as a collision... meaning I
    had to pay the higher deductible I had on collision insurance vs.
    comprehensive. The OP says he has no collision insurance so I'd expect
    Geico to simply say "not our problem".

    Rgds, George Macdonald

    "Just because they're paranoid doesn't mean you're not psychotic" - Who, me??
     
    George Macdonald, Apr 18, 2004
    #19
  20. InsuranceHelp2004

    L Alpert Guest

    Someone hit and ran my 2002 civic. I called the insurance company, worked
    out the details, had them mail me a statement of no fault on my part (non
    chargeable), and they took care of everything.
     
    L Alpert, Apr 18, 2004
    #20
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