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

I don't think this update will be of any help to you. The previous
posting from Larry says it all--since you did not have collision
insurance, Geico(or any company you had) has no responsibility in your
case. Now you know why people pay extra for collision insurance--your
company will pay no matter whose fault it was--even your own. They then
sue the other insurance company or companies to recover what they paid
you--this is called subrogation. Your only recourse now if the other
insurance companies won't accept liability is to sue them. This of
course will cost you some money, but you may get them to settle with
you. Sorry I don't have better news.
Ken

 

Are any of the people who have responded to this a GEICO employee or an
employee of another insurance company?
I'm neither, but have had my fair share of MVA's along with my wife and
three teenagers.
The only thing that I can agree with is that no collision coverage, you are
SOL. If any of the other vehicles were insured by GEICO, they may waive a
deductible. If you want to spend a lot of time calling and making contact
with each of the other insurance companies, somebody might be willing to
write you a check and get you off of the list of people to deal with.
I personally think you need the services of an attorney and start filing
small claims suits against everybody involved. As far as the police report
is concerned, unless there is a major mistake, like the "North" arrow is
point southbound on the diagram, he said, she said, will not get changed.
Bottom line, write this off to an expensive lesson in life, change insurance
companies, and take the loss off your 2004 taxes.

 

Are any of the people who have responded to this a GEICO employee or an
employee of another insurance company?
I'm neither, but have had my fair share of MVA's along with my wife and
three teenagers.
The only thing that I can agree with is that no collision coverage, you are
SOL. If any of the other vehicles were insured by GEICO, they may waive a
deductible. If you want to spend a lot of time calling and making contact
with each of the other insurance companies, somebody might be willing to
write you a check and get you off of the list of people to deal with.
I personally think you need the services of an attorney and start filing
small claims suits against everybody involved. As far as the police report
is concerned, unless there is a major mistake, like the "North" arrow is
point southbound on the diagram, he said, she said, will not get changed.
Bottom line, write this off to an expensive lesson in life, change insurance
companies, and take the loss off your 2004 taxes.

 

I don't know where you are, but it was explained to me once in Texas that
the owner of the car is liable for damaged caused by it, whether he/she/it
was driving or not. I think you should sue them all (car #1, Car #2, driver
of #2).

 

I don't know where you are, but it was explained to me once in Texas that
the owner of the car is liable for damaged caused by it, whether he/she/it
was driving or not. I think you should sue them all (car #1, Car #2, driver
of #2).

 

Tell Geico you are going to file a complaint to your states insurance
commissioner if they do not take care of this problem for you. You are
paying them to do this.

 

Tell Geico you are going to file a complaint to your states insurance
commissioner if they do not take care of this problem for you. You are
paying them to do this.

 

GEICO is not responsible for getting involved....they have no contractual
responsibilty as no collision coverage was purchased. When an insurance
company has a duty to respond and they don't, bad faith lawsuits are then
brought against the carrier, which usually costs them millions of dollars
due to punitive damage awards. This is clearly not the case. In the case of
a permissive driver who may or may not have had culpability in this, almost
all policies cover permissive use of the vehicle by someone who has no
ownership of the car. The carrier involvement for the accident would not
change, however, if I were filing a small claims action, I'd include the
driver and owner in the suit to cover my bases.

 

GEICO is not responsible for getting involved....they have no contractual
responsibilty as no collision coverage was purchased. When an insurance
company has a duty to respond and they don't, bad faith lawsuits are then
brought against the carrier, which usually costs them millions of dollars
due to punitive damage awards. This is clearly not the case. In the case of
a permissive driver who may or may not have had culpability in this, almost
all policies cover permissive use of the vehicle by someone who has no
ownership of the car. The carrier involvement for the accident would not
change, however, if I were filing a small claims action, I'd include the
driver and owner in the suit to cover my bases.

 

Not giving legal advice, but: I would check with Geico and your
local state insurance department to see what the definition is between
collision and comprehensive in your state if you need to. If Geico
doesn't cover this, you could be in a very bad way financially.

This case could easily take years to resolve, not months. You said
Driver #2 was taken to the hospital. This indicates big stakes could
now be involved. Now that both carriers are denying liability, this
could mushroom into a full blown trial with expert witnesses as to
whose fault it was. This type of thing can take many years,
particularly if Driver 2's injuries were significant -- or they claim
that they were.

If you have no coverage, you may need to file suit against all the
drivers and owners at a minimum. Your suit will get some attention
but not likely too much immediately. The carriers certainly aren't
going to feel much pressure to settle with you; you are small fry in
the overall picture. Eventually your suit may be combined with the
other suits that have or will be filed, so that a single court can
sort it all out, particularly as to whose fault it was.

This is complex litigation and you need an attorney. Let me repeat
that, You Need An Attorney. Or maybe find a legal clinic run by a
local law school or such if you can't work the finances. You need
legal help. And probably a part-time job to get enough for another
car.

JM

 

Not giving legal advice, but: I would check with Geico and your
local state insurance department to see what the definition is between
collision and comprehensive in your state if you need to. If Geico
doesn't cover this, you could be in a very bad way financially.

This case could easily take years to resolve, not months. You said
Driver #2 was taken to the hospital. This indicates big stakes could
now be involved. Now that both carriers are denying liability, this
could mushroom into a full blown trial with expert witnesses as to
whose fault it was. This type of thing can take many years,
particularly if Driver 2's injuries were significant -- or they claim
that they were.

If you have no coverage, you may need to file suit against all the
drivers and owners at a minimum. Your suit will get some attention
but not likely too much immediately. The carriers certainly aren't
going to feel much pressure to settle with you; you are small fry in
the overall picture. Eventually your suit may be combined with the
other suits that have or will be filed, so that a single court can
sort it all out, particularly as to whose fault it was.

This is complex litigation and you need an attorney. Let me repeat
that, You Need An Attorney. Or maybe find a legal clinic run by a
local law school or such if you can't work the finances. You need
legal help. And probably a part-time job to get enough for another
car.

JM

 

Unless you have collision insurance, they won't do squat for you. They
only care when their money is involved.

 

Unless you have collision insurance, they won't do squat for you. They
only care when their money is involved.

 

What you need to do is not worry about who is at fault in the accident,
that is not your problem. If you know for sure which car hit your car,
go after their insurance company. It is then up to that car owners insurance
company to go after the one that is at fault. Make sure that you get
retail value, plus any after market add ons, for your car. You may also
want to consider renting a car in the mean time, and passing along the cost
to the insurance company. It may get ugly and require you to get an attorney
involved.

 

What you need to do is not worry about who is at fault in the accident,
that is not your problem. If you know for sure which car hit your car,
go after their insurance company. It is then up to that car owners insurance
company to go after the one that is at fault. Make sure that you get
retail value, plus any after market add ons, for your car. You may also
want to consider renting a car in the mean time, and passing along the cost
to the insurance company. It may get ugly and require you to get an attorney
involved.

 

You make a good point. I wonder if this type of damage would fall under
comprehensive or collision coverage.

 

You make a good point. I wonder if this type of damage would fall under
comprehensive or collision coverage.

 

Shouldn't make a difference unless the owner of car #2 is going to say
the car was stolen.

 

Shouldn't make a difference unless the owner of car #2 is going to say
the car was stolen.

 

Its collision, since it is involvement with another motor vehicle. Its
definitely not comprehensive!