Posted by Keith (216.222.46.178) on November 05, 2002 at 07:26:47:
In Reply to: 10 months later, still waiting for GEICO to pay claim posted by amy prewit on November 04, 2002 at 07:06:26:
The DOI letter is perhaps a nice idea, but will not help you; DOIs do not generally get involved, nor do they have jurisdiction over third party claims. The insurance company will respond to their inquiry in order to maintain relations with the department, but I am unaware of any states with insurance regulations governing third party (you dont have a contract with Geico; your claim is against their policyholder). I have never seen a 3d party DOI inquiry go past a single response regarding the claim handling to the DOI. Of course, I have never offered to pay 25% of a total loss vehicle's salvage value (??)
And now, the reason they don't have much power: you can sue! File a small claims action against the person who hit your car (not Geico), and they will be required to respond. I would list the entire amount of the damages, though I am not sure of the law in your state. There are still some states which have "joint and several" liability - meaning you can collect 100% of your damages from anyone at fault. A judge would certainly reduce the award by what you were already paid, but this way you will definitely get Geico's attention. They must respond and defend their insured, or they have to answer for that one to the DOI.
This situation appears to be one which was made to order for small claims court. You may want to pay an attorney for an hour or so of time to help you prepare the case as well.
Good luck! I hate to see situations like this; it makes all adjusters look like idiots in bad suits (as we were always portrayed on LA Law...).
: My car was totaled i January. It was the fault of a lunatic driver that ran me off the road, causing another car to hit me. Therefore, both the lunatic's insurance co. (Farmers) and the other car's insurance co (Geico) were found to be responsible. Farmers was to pay 75%, and Geico the other 25% of my car's worth. Farmer's was ready and had a check to me within a week. But Geico has drug this out for 10 months. First of all, they only want to pay 25% of the salvage amount. Which is not the amount of the car's worth at the time of the accident, but the amount the car was worth at the time it was sold for junk! THAT AIN'T RIGHT!! and technically, it was their customer that hit me. I don't know when I will get paid, or how much it will be, but I do know that this is ridiculous! GEICO (Dallas) SUCKS!
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