I was traveling (North) turning left through an intersection (Green Arrow Light) as I was just about through the intersection, I was hit by another car traveling (South) in the back side passenger door. My car flipped and spun around a few times! The other driver is stating his light was green and that she wasn’t at fault. The police report stated that the other driver (Geico Insured) was at fault.
Our insurance company’s finally went to arbitration. It was decided that Geico was at fault and needed to pay back my ins company for the property damage.
My issue is that I didn’t have medical coverage with my ins co, so I have to pay out of pocket for medical missed work and rental.
Geico will not pay me for these bills even though the arbritration ruled in favor of me for the property damage.
Suggestions for sueing the driver in small claims court? I have police report and photos, not to mention the ruling on the property damage.
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Small Claims Court Vs. Geico?
4 Responses for “Small Claims Court Vs. Geico?”
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Just get a lawyer and take it to court. Actually you won’t have to take it to court because geico will settle out of court. I was ruled to be not at fault in an accident and the car that hit me without its headlights on at midnight was ruled at fault the car without headlights on and at fault spun a 180 and hit another car. I was sued because i actually had insurance and the at fault car didn’t. My insurance settled out of court with the 3rd party because you only have be in the smallest part at fault to be sued by anybody in an auto accident. The third party doctor was a professional bone popper not a real doctor. In short insurance company our easy to get to settle out of court.
First off ask if there is med pay on the geico insurance policy. Not everybody has that, and not every injured person knows to ask that either. Med pay is special coverage that the other driver might bought that will pay your medical bills. Sue them, even though my concern is that you made a left turn across their right of way of traffic. Small claims will probably let you introduce the police report. But if the rules of evidence apply in whatever court you are in (they usually don’t in small claims) don’t rely on the policy report because its hearsay and won’t come in even if the police officer shows up and testifies.
Medical insurance is a mandatory part of liability coverage. Bill your insurance and they can either eat it or subrogate it from the other insurance.
If you honestly were able to choose to not have medical coverage as part of your liability insurance, that was your mistake. I don’t know the state you are in, but that seems very odd.
Call the office of your state government that regulates who may and may not insure drivers in your state.
Faced with the possibility of losing your entire state’s market, they might just cover your medical costs, and maybe even live up to the company’s advertised promise and bring you a toasted bagel with jam.