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HeatherRose
Life is Good :)
Member since 11/07 6605 total posts
Name:
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Car accident- Insurance related questions (lawyer or insurance people please come in)
ok so I entered into the right lane on the LIE on Friday. a white van let me go. I could not get all the way into the lane but 90% of my car was straight. the cars in front of me had stopped. I stopped and sat there for about a minute to a minute and a half. all of a sudden I hear metal and plastic sort of crunching. I look in my mirror and see the van has gotten really close, I look out my driver’s side mirror to see that he has rolled into the back portion of my car, drivers side right under the tail light and continued down to the gas tank. I roll my window down and yell at the guy, your hitting my car! he says what?!? then I yell it again and he says I can't hear you.... needless to say I called the police read them his plate and pulled to the side.
We both have Geico. Geico is pulling this cr@p that its my fault. they have no good reasoning as the damage to his car is his front bumper, and I was stopped.
Basically what we have determined is that most times the insurance investigator assigned to the case defends its claimant and tries to make sure they don't pay. in this case, Geico is looking to make it my fault because I have the only damage and making a claim will cost them, so it will cost me. if it’s the other guys fault then Geico still pays. If they make it my fault I have to pay my $500 and then they will probably raise my rates.
they keep telling me it doesn't look good for me based on the other guys statement. UMMM W TF? why is it his statement is the right one? We both made one. The police officer even listed me LEAST at fault
I just feel like I always do the right thing and what goes around is NOT coming around. I've been so upset about this!
what can I do? I'm pretty sure the insurance company is NOT doing the right thing
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Posted 9/28/10 10:03 AM  |
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Long Island Weddings
Long Island's Largest Bridal Resource |
headoverheels
s'il vous plaît
Member since 6/07 42079 total posts
Name:
LB
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Re: Car accident- Insurance related questions (lawyer or insurance people please come in)
I can tell you from experience that this is why Geico's rates are so low compared to other companies. They will fight to the teeth so they won't have to pay. I don't have any advice for you - I would probably get a lawyer if it was me, though I know that can be expensive too - because this is absolute bull, you should NOT have to pay, it was absolutely his fault. Doesn't matter where you were, why should that matter? You were stopped, in traffic, and he hit you. End of story.
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| Posted 9/28/10 10:07 AM |
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AngnShaun
Sisters
Member since 1/10 21015 total posts
Name:
Ang
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Re: Car accident- Insurance related questions (lawyer or insurance people please come in)
90% of the time in a rear end accident like that, they place the blame ont he car in front...
its happened to my sister 2x.
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| Posted 9/28/10 10:09 AM |
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neener1211
:-)
Member since 4/07 22952 total posts
Name:
J
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Re: Car accident- Insurance related questions (lawyer or insurance people please come in)
Posted by AngnShaun
90% of the time in a rear end accident like that, they place the blame ont he car in front...
its happened to my sister 2x.
That doesn't make any sense!!! 
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| Posted 9/28/10 10:14 AM |
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Cheeks24
Living a dream
Member since 1/08 8589 total posts
Name:
Cheeks
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Re: Car accident- Insurance related questions (lawyer or insurance people please come in)
Posted by neener1211
Posted by AngnShaun
90% of the time in a rear end accident like that, they place the blame ont he car in front...
its happened to my sister 2x.
That doesn't make any sense!!!
If you cut the person off then that happens. From her story it sounds like that is what the guy is telling the insurance company.
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| Posted 9/28/10 10:16 AM |
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Blu-ize
Plan B is Now Plan A
Member since 7/05 32475 total posts
Name:
Susan
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Re: Car accident- Insurance related questions (lawyer or insurance people please come in)
If you get hit in the rear most of the time it's the person's fault who hit you.
It's total BS!!!
It's from following too closely. Do they have the police report?
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| Posted 9/28/10 10:20 AM |
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HeatherRose
Life is Good :)
Member since 11/07 6605 total posts
Name:
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Re: Car accident- Insurance related questions (lawyer or insurance people please come in)
Posted by Mici C
Posted by neener1211
Posted by AngnShaun
90% of the time in a rear end accident like that, they place the blame ont he car in front...
its happened to my sister 2x.
That doesn't make any sense!!!
If you cut the person off then that happens. From her story it sounds like that is what the guy is telling the insurance company.
I don't know what he is telling them because they won't tell me but they just say our stories are 2 different. the ins co said he is not admitting to hitting me! yeah I just drove the back end of my car into him! I was completly stopped!! I had no idea he even hit me except for an odd sound! had I had the radio on loud I wouldn't have even known
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| Posted 9/28/10 10:21 AM |
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AngnShaun
Sisters
Member since 1/10 21015 total posts
Name:
Ang
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Re: Car accident- Insurance related questions (lawyer or insurance people please come in)
It doesnt make sense but in most cases they feel that it is the person in fronts fault... either becuase of cutting someone off or stopping short...
If he is telling a different story then fight it for as long as you can...
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| Posted 9/28/10 10:22 AM |
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HeatherRose
Life is Good :)
Member since 11/07 6605 total posts
Name:
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Re: Car accident- Insurance related questions (lawyer or insurance people please come in)
Posted by Blu-ize
If you get hit in the rear most of the time it's the person's fault who hit you.
It's total BS!!!
It's from following too closely. Do they have the police report?
a police report was generated but I don't have a copy yet. Some how I think this guy knew the cop. they chated a realllllllly long time after I left the scene, because I couldn't get back into traffic (the cop told me to be careful getting back in traffic and just stayed there to chat with the guy). they were talking like they knew each other. if that's the case I'm totally screwed
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| Posted 9/28/10 10:29 AM |
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HeatherRose
Life is Good :)
Member since 11/07 6605 total posts
Name:
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Re: Car accident- Insurance related questions (lawyer or insurance people please come in)
Posted by AngnShaun
It doesnt make sense but in most cases they feel that it is the person in fronts fault... either becuase of cutting someone off or stopping short...
If he is telling a different story then fight it for as long as you can...
its still not right. even if they were to stop short, you can't just hit someone with your car. you have to by NYS law, be in control of your vehicle at all times. hitting someone because they stopped short negates the law. therfore they are at fault.
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| Posted 9/28/10 10:30 AM |
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AngnShaun
Sisters
Member since 1/10 21015 total posts
Name:
Ang
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Re: Car accident- Insurance related questions (lawyer or insurance people please come in)
Posted by HeatherRose
Posted by AngnShaun
It doesnt make sense but in most cases they feel that it is the person in fronts fault... either becuase of cutting someone off or stopping short...
If he is telling a different story then fight it for as long as you can...
its still not right. even if they were to stop short, you can't just hit someone with your car. you have to by NYS law, be in control of your vehicle at all times. hitting someone because they stopped short negates the law. therfore they are at fault.
Im not trying to argue with you im just telling you how they feel about it... i dont work for them!
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| Posted 9/28/10 10:32 AM |
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HeatherRose
Life is Good :)
Member since 11/07 6605 total posts
Name:
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Re: Car accident- Insurance related questions (lawyer or insurance people please come in)
Posted by AngnShaun
Posted by HeatherRose
Posted by AngnShaun
It doesnt make sense but in most cases they feel that it is the person in fronts fault... either becuase of cutting someone off or stopping short...
If he is telling a different story then fight it for as long as you can...
its still not right. even if they were to stop short, you can't just hit someone with your car. you have to by NYS law, be in control of your vehicle at all times. hitting someone because they stopped short negates the law. therfore they are at fault.
Im not trying to argue with you im just telling you how they feel about it... i dont work for them!
 I know I was just explaining how I know its still not right and it angers me that ins co can just bend the law. I'm going to fight this to end, if it takes everything out of me
What I am looking for is does anyone know what my rights are? do I ask for an appeal if they say I'm at fault? do I need to get a private attorney?
After all is said and done, I'm taking my 4 cars and leavingGeico, because they stink!!
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| Posted 9/28/10 10:39 AM |
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Blu-ize
Plan B is Now Plan A
Member since 7/05 32475 total posts
Name:
Susan
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Re: Car accident- Insurance related questions (lawyer or insurance people please come in)
Posted by HeatherRose
Posted by Blu-ize
If you get hit in the rear most of the time it's the person's fault who hit you.
It's total BS!!!
It's from following too closely. Do they have the police report?
a police report was generated but I don't have a copy yet. Some how I think this guy knew the cop. they chated a realllllllly long time after I left the scene, because I couldn't get back into traffic (the cop told me to be careful getting back in traffic and just stayed there to chat with the guy). they were talking like they knew each other. if that's the case I'm totally screwed
I don't know if getting a lawyer is worth it. Fix the car..pay the $500 and get out of Geico. They dropped me and I went to Allstate. Couldn't be happier.
You should only be 10% at fault in NY if someone hit you.
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| Posted 9/28/10 10:50 AM |
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HeatherRose
Life is Good :)
Member since 11/07 6605 total posts
Name:
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Re: Car accident- Insurance related questions (lawyer or insurance people please come in)
Posted by Blu-ize
Posted by HeatherRose
Posted by Blu-ize
If you get hit in the rear most of the time it's the person's fault who hit you.
It's total BS!!!
It's from following too closely. Do they have the police report?
a police report was generated but I don't have a copy yet. Some how I think this guy knew the cop. they chated a realllllllly long time after I left the scene, because I couldn't get back into traffic (the cop told me to be careful getting back in traffic and just stayed there to chat with the guy). they were talking like they knew each other. if that's the case I'm totally screwed
I don't know if getting a lawyer is worth it. Fix the car..pay the $500 and get out of Geico. They dropped me and I went to Allstate. Couldn't be happier.
You should only be 10% at fault in NY if someone hit you.
Its going to cost less then $500 so if I can't get them to see it was his fault I'm not even going to go thru ins. and I think that was a mistake on my part by telling them that. now they know how to make me pay for it either way and they don't pay. I'm going to switch. I have a boat 4 cars and a house, I'm sure I can do better all in one place anyway
Message edited 9/28/2010 10:56:51 AM.
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| Posted 9/28/10 10:56 AM |
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neener1211
:-)
Member since 4/07 22952 total posts
Name:
J
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Re: Car accident- Insurance related questions (lawyer or insurance people please come in)
Posted by AngnShaun
It doesnt make sense but in most cases they feel that it is the person in fronts fault... either becuase of cutting someone off or stopping short...
If he is telling a different story then fight it for as long as you can...
That still doesn't make sense because if you are stopped in traffic you should have one car length between you and the person in front of you no matter if they are stopping short or not.
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| Posted 9/28/10 10:59 AM |
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Shorty
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Member since 5/05 30390 total posts
Name:
really
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Re: Car accident- Insurance related questions (lawyer or insurance people please come in)
i'm sorry, that stinks about your car.
its honestly not just geico, the "investigation" is pretty standard across all the companies.
If you were straight in the lane and the damage was on your rear bumper only, it's clearly the other driver's fault. (unless you were in reverse!  )
Due to the fact that you weren't all the way in the lane, and the damage is on the side of your car, it appears that you cut the other driver off and cut into his lane. ------ I KNOW you said that this isn't the case, and that you had been stopped for a period of time, but that's not how it appears to an outsider.
 I'd withdraw the claim and just pay for the repair.
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| Posted 9/28/10 11:58 AM |
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mom2mgn
Love my family
Member since 2/08 2267 total posts
Name:
Christine
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Re: Car accident- Insurance related questions (lawyer or insurance people please come in)
Posted by neener1211
Posted by AngnShaun
It doesnt make sense but in most cases they feel that it is the person in fronts fault... either becuase of cutting someone off or stopping short...
If he is telling a different story then fight it for as long as you can...
That still doesn't make sense because if you are stopped in traffic you should have one car length between you and the person in front of you no matter if they are stopping short or not.
I worked as a Paralegal in a personal injury law firm for a long time. In a rear end accident, the person that hit the person in front of them is ALWAYS at fault. Even if you are cut off or the person stops short, if you hit someone in the back, you are at fault. I've never seen the car that was hit be at fault unless they are pushed into a car in front of them. In other words, they are hit from behind - not their fault but then they are pushed into the car in front of them - their fault.
To the OP, it sounds like you only got hit on the side, not really the complete back of your car. The van driver is probably saying he was still and you hit him. If all your damage was in the rear, then it's more obvious that it's not your fault.
Wait for the police report and see what it says.
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| Posted 9/28/10 12:06 PM |
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Linda1003
love my 2 boys
Member since 8/08 10923 total posts
Name:
Linda
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Re: Car accident- Insurance related questions (lawyer or insurance people please come in)
Posted by mom2mgn
Posted by neener1211
Posted by AngnShaun
It doesnt make sense but in most cases they feel that it is the person in fronts fault... either becuase of cutting someone off or stopping short...
If he is telling a different story then fight it for as long as you can...
That still doesn't make sense because if you are stopped in traffic you should have one car length between you and the person in front of you no matter if they are stopping short or not.
I worked as a Paralegal in a personal injury law firm for a long time. In a rear end accident, the person that hit the person in front of them is ALWAYS at fault. Even if you are cut off or the person stops short, if you hit someone in the back, you are at fault. I've never seen the car that was hit be at fault unless they are pushed into a car in front of them. In other words, they are hit from behind - not their fault but then they are pushed into the car in front of them - their fault.
To the OP, it sounds like you only got hit on the side, not really the complete back of your car. The van driver is probably saying he was still and you hit him. If all your damage was in the rear, then it's more obvious that it's not your fault.
Wait for the police report and see what it says.
ITA: Im a claims mamanger at an auto insurance company.
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| Posted 9/28/10 12:08 PM |
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sweetie101
you make me smile :o)
Member since 5/08 4419 total posts
Name:
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Re: Car accident- Insurance related questions (lawyer or insurance people please come in)
good luck
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| Posted 9/28/10 12:13 PM |
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MommaG
Yay Spring!
Member since 5/05 5133 total posts
Name:
Gloria
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Re: Car accident- Insurance related questions (lawyer or insurance people please come in)
Posted by Linda1003
Posted by mom2mgn
Posted by neener1211
Posted by AngnShaun
It doesnt make sense but in most cases they feel that it is the person in fronts fault... either becuase of cutting someone off or stopping short...
If he is telling a different story then fight it for as long as you can...
That still doesn't make sense because if you are stopped in traffic you should have one car length between you and the person in front of you no matter if they are stopping short or not.
I worked as a Paralegal in a personal injury law firm for a long time. In a rear end accident, the person that hit the person in front of them is ALWAYS at fault. Even if you are cut off or the person stops short, if you hit someone in the back, you are at fault. I've never seen the car that was hit be at fault unless they are pushed into a car in front of them. In other words, they are hit from behind - not their fault but then they are pushed into the car in front of them - their fault.
To the OP, it sounds like you only got hit on the side, not really the complete back of your car. The van driver is probably saying he was still and you hit him. If all your damage was in the rear, then it's more obvious that it's not your fault.
Wait for the police report and see what it says.
ITA: Im a claims mamanger at an auto insurance company.
I agree. The driver of the other vehicle probably said you were pulling into traffic and you didn't have enough space, and collided with his vehicle. Based upon the damage, there are ways to tell who was moving and who was standing still, but some companies don't go that far into detail.
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| Posted 9/28/10 1:13 PM |
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shadows
LIF Adult
Member since 1/10 4694 total posts
Name:
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Re: Car accident- Insurance related questions (lawyer or insurance people please come in)
I am an attorney for one of the other big auto insurance carriers. When someone hits you in the rear, they are held at fault probably 97% of the time. Even if you stopped short, they are still almost always held liable, the theory being that they shouldn't have been following so closely that they couldn't stop in time.
At my office, we don't even bother fighting out liability when it's a hit in the rear. It's just accepted that the person who did the hitting will be held liable in court (unless there are some very unique circumstances - to be honest, i can't even think of a case where i've personally seen the person in front be held responsible).
So to be honest, your situation sounds a little strange to me! Good luck
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| Posted 9/28/10 8:12 PM |
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Blu-ize
Plan B is Now Plan A
Member since 7/05 32475 total posts
Name:
Susan
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Re: Car accident- Insurance related questions (lawyer or insurance people please come in)
Posted by HeatherRose
Posted by Blu-ize
Posted by HeatherRose
Posted by Blu-ize
If you get hit in the rear most of the time it's the person's fault who hit you.
It's total BS!!!
It's from following too closely. Do they have the police report?
a police report was generated but I don't have a copy yet. Some how I think this guy knew the cop. they chated a realllllllly long time after I left the scene, because I couldn't get back into traffic (the cop told me to be careful getting back in traffic and just stayed there to chat with the guy). they were talking like they knew each other. if that's the case I'm totally screwed
I don't know if getting a lawyer is worth it. Fix the car..pay the $500 and get out of Geico. They dropped me and I went to Allstate. Couldn't be happier.
You should only be 10% at fault in NY if someone hit you.
Its going to cost less then $500 so if I can't get them to see it was his fault I'm not even going to go thru ins. and I think that was a mistake on my part by telling them that. now they know how to make me pay for it either way and they don't pay. I'm going to switch. I have a boat 4 cars and a house, I'm sure I can do better all in one place anyway
Also, for me having a broker was paramount in my satisfaction with Allstate. I have a great one and he really tries to help us save money. Let me know if you want the info. Just get this done and move on. I wasn't your fault and they are being azzes. People can be stupid and try to get something for nothing. It sucks but sometimes it's less aggravating just to move on.
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| Posted 9/28/10 8:51 PM |
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Danamz
LIF Adult
Member since 6/06 1978 total posts
Name:
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Re: Car accident- Insurance related questions (lawyer or insurance people please come in)
Like someone else said, it should be clear cut if you were in the lane and hit directly in the rear.
I'm guessing he is saying you were not fully merged, tried to cut him off...something to that affect, which should be evident from the point of impact.
There is technically no defense (in NY anyway) for hitting someone in the rear (even if you stopped short) he was too close, etc.
Again, I could see if the back was not hit straight on, but rather on some sort of angle - it could support an argument that you were not fully merged/cut him off.
Either way, it sounds like he had time to stop (Drivers have a duty to avoid an accident if possible) in which case you should not be held 100% liable.
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| Posted 9/28/10 10:21 PM |
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whatalife24
LIF Infant
Member since 5/10 151 total posts
Name:
Stephanie
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Re: Car accident- Insurance related questions (lawyer or insurance people please come in)
Posted by Blu-ize
Posted by HeatherRose
Posted by Blu-ize
If you get hit in the rear most of the time it's the person's fault who hit you.
It's total BS!!!
It's from following too closely. Do they have the police report?
a police report was generated but I don't have a copy yet. Some how I think this guy knew the cop. they chated a realllllllly long time after I left the scene, because I couldn't get back into traffic (the cop told me to be careful getting back in traffic and just stayed there to chat with the guy). they were talking like they knew each other. if that's the case I'm totally screwed
I don't know if getting a lawyer is worth it. Fix the car..pay the $500 and get out of Geico. They dropped me and I went to Allstate. Couldn't be happier.
You should only be 10% at fault in NY if someone hit you.
As a claims rep(not with Geico), I can tell you where they came from. They spoke to both parties and each gave a different version of the accident. Judging from the point of impact to the vehicles, the rear ending version would seem viable and the cutting off & stopping short version would also be viable. At that point, Geico could view it as 50/50 driver vs driver. Unfortunately for the poster, companies like Geico and Allstate will take this situation and defend the claim entirely based on their insured's version, which they are entitled to do. If you look at it from their point of view, their insured is paying them for the auto policy and deserves their benefit of the doubt.
As for other options, I would not recommend retaining an attorney to fight this if it only involves a property damage claim for a relatively small amount of damage. The attorney won't be able to do anything more than you can and they will take at least 1/3 of any settlement you get. I would suggest using your own coverage(if you carry collision coverage on your policy) and let your insurance company battle it out w/Geico to recover the money. The other option would be to file a small claims action(if damages are less than $5K). You can do this yourself without an attorney and will probably end up getting at least 50%, if not more if the other driver comes across as not credible.
NOW...if the other driver was able to get a favorable police report, then that will hurt your claim, but it is not impossible to fight as long as there are no witnesses to support the other driver's version.
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| Posted 9/28/10 11:36 PM |
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hopeful123
LIF Infant
Member since 9/10 220 total posts
Name:
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Re: Car accident- Insurance related questions (lawyer or insurance people please come in)
Posted by Blu-ize
If you get hit in the rear most of the time it's the person's fault who hit you.
It's total BS!!!
It's from following too closely. Do they have the police report?
I agree with this. It is almost always the person's fault who rearended the other person.
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| Posted 9/29/10 5:46 PM |
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