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Car totaled in accident in December, insurance finished the claim as not at fault/opposition doesn't want to pay out.

Location is VA, USA. Insurance is Geico

This accident didn't involve me, but a friend of mine. Back in December a guy ran a red and t-boned her car. Since there was no witnesses the officers couldn't do much but take the report. My friends insurance ended up finishing the claim as not at fault, she currently only carries liability. It sounds like the opposite party's insurance also claimed not at fault.

Well my friend went and found video evidence from a gas station that shows her light was green and the guy entered the intersection on Red. She contacted her insurance and sent them the video, now they're saying there is nothing they can do and told her to contact the opposite party's insurance. This is where I became skeptical.

She called the other party's insurance and they want a written letter signed by her saying she will not be represented by an attorney. I told her not to do that.

I haven't had to file any claims like this as I've avoided being in bad accidents, but something feels off. I mean she pays insurance for this reason now it feels like they're not stepping up to the plate for her. How should this situation be handled?

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22 points · 4 months ago

Your friend opted to not carry collision. By doing that, there is nothing Geico can really do. They did exactly what she paid them for per their legal obligations according to her policy, protecting her interests in a liability claim against her by denying the claim. Since she has video, probably her best option is to personally sue the other driver

Original Poster2 points · 4 months ago

Yeah, she wants to sue but as the other poster said and as I suspected, suing may not be in her best interest. Ill share this with her. Thank you for your response.

GEICO will not get involved since your friend had no coverage for physical damage. "I mean she pays insurance for this reason . . ." No, she did not pay for insurance for this reason. She paid for insurance for liability only. Her choice was neither "wrong" nor "right" but it was her choice. Choices have consequences.

50/50. As an adjuster I’d rather just settle the low dollar soft tissue stuff and move on. Certainly a lawyer will take it but they’ll also take 30+% of the settlement. I find that on the small ones the claimant (your friend) has only slowed things down to eventually get almost the exact same amount of money.

Original Poster1 point · 4 months ago

Alright, I appreciate the response. I'm going to share this information with her.

Short answer:

They should negotiate liability and present the case if new evidence has been received. They cannot influence to any material degree the other company’s settlement process.

That being said, and just being honest, Geico isn’t that interested in running around and fighting your friend’s battles. Your friend is basically only paying for “defense “ and not “prosecution” by not carrying collision. They’ve denied liability and their obligation is more-or-less done. The other party’s process with releases is their process. Not liking it is unfortunate but your friend decided to not let her own company take care of her by declining coverage.

Original Poster1 point · 4 months ago

I see. I appreciate the response. She was thinking of hiring her own lawyer to go after the other driver for damages; but I don't think that will be worth it in the long run.

Tough to say. I’d need more information. Is she injured?

Original Poster1 point · 4 months ago

She was injured and went to physical rehab, nothing permanent.

For damages up to $5000, in VA she could consider suing him personally through the small claims court. This can be done without a lawyer and should only cost between $20 - $50.

You have to separate the injury claim and the property claim.

She will probably need to sign a release before they will pay the injury claim. I think that's what your saying they want her to sign. It basically means "we paid for your injuries, after this we won't pay anymore and you can't sue for more". Don't sign that until the amount is agreed. You either come to agreement and sign, or sue.

The car shouldn't require any release. And if it hasn't been handled then mail a written demand with 30 day time limit demanding to be made whole by being paid the cars value at the time of loss.

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