Accident update

aquariuscsm

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Originally Posted by The Critic
If you do not have comp/collision coverage on your vehicle, your carrier has very little skin in this game. This will end up being resolved between you and Geico. If your carrier has already accepted 30% liability on your behalf, then for all practical purposes, you are out of luck.
This is the part that concerns me,Allstate said they would fight this for me and litigate them in court for me if necessary. I haven't heard back from them at all and they haven't returned my repeated phone calls for two straight weeks now,so no,they haven't settled or accepted anything yet.
 

aquariuscsm

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Originally Posted by Cujet
And again, Insurance companies are experts at what they do. Please don't be a victim a second time. Stand up for yourself and get what you deserve. Consider hiring a lawyer to write a letter if you can't resolve it properly.
^^This times a million!! Thank you Cujet!! This adult female needs to grow up and be taught a valuable life lesson,that you can't go through life lying and being dishonest,thinking you can screw up and not have to suffer the consequences. Once I finally hear from my carrier,depending on the outcome,I will definitely be getting an attorney.
 
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Originally Posted by aquariuscsm
Originally Posted by The Critic
If you do not have comp/collision coverage on your vehicle, your carrier has very little skin in this game. This will end up being resolved between you and Geico. If your carrier has already accepted 30% liability on your behalf, then for all practical purposes, you are out of luck.
This is the part that concerns me,Allstate said they would fight this for me and litigate them in court for me if necessary. I haven't heard back from them at all and they haven't returned my repeated phone calls for two straight weeks now,so no,they haven't settled or accepted anything yet.
The will defend you against a liability claim, not comp/collision on your own vehicle.
 

Win

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Do not accept any legal advice other than from a lawyer licensed to practice in your state. That said, good grief. The insurance carrier for the opposing party, Geico, has no contractual duty to you, unless Texas law changes that. Your girlfriend the attorney should be able to answer that for you. They do have a contractual duty to their insured, which, generally, is to pay whatever damages their insured is adjudged to be, or could be adjudged to be, liable for in a court of law, and which fall within the contractual terms of their policy WITH HER, unless Texas law changes that. If the contractual duty of your insurance carrier to you is better than that deal, act accordingly. It sounds like Geico is trying to hit with you comparative fault. I have no idea whether or not Texas has that in its law. My state also has a doctrine called "last clear chance" which is pretty much what it sounds like. I have no idea whether or not Texas has that in its law. Your girlfriend the attorney should be able to answer these things for you, and their applicability, if any, to the facts of your accident. My suggestion from a state away would be to make a determination of what your provable damages are under Texas law, and then demand more than that from the insurance carrier so you have room to negotiate. In my state, the measure of damages to personal property is the difference in the value of the property immediately before the occurrence, and immediately after. Sometimes the cost of repair can be considered as evidence of this. In some circumstances, there are some other incidental damages that may be available. Your girlfriend the attorney should be able to answer these things for you. At one point in time, I owned a couple of auto auctions. Cars are a commodity item. They are all average condition. That's not to say you cannot get more than the average if you have proof to cause a deviation from the norm, and are willing to let them buy the car, but the starting point ( and probably ending point with garbage like GEICO ) is probably average. Or worse. Telling the insurance agent you are going to do bad things to them and their insured is laughable and a poor negotiating tactic, imo. They don't care. They were threatened by bigger and badder people than you before you ever called them. They didn't care about that, either. Hate to see this happen to a nice car, but such is life. Since it looks like your carrier is out of the picture, I might well demand the cost of repairing the car to the condition it was in before the occurrence if that is an available remedy under your law, but that's just me. Your girlfriend the attorney, who presumably is licensed to practice in TX ( I am not ) should be able to answer these things for you. This is not rocket science stuff. Do not accept any legal advice other than from a lawyer licensed to practice in your state. Good luck.
 

aquariuscsm

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My gf the atty is an immigration atty,not an accident atty. How tx law works,you're required to carry liability,in case you cause an accident,which your carrier takes care of the person you hit. Getting caught without liability in tx is an instant revoke of your dl. She is in violation of tx law by failure to yield to the right of way. Similar thing happened to us a few years ago in her car. Female turned in front of another driver at the same type of intersection causing a collision,and her car got knocked across the street into my gfs car,where we were waiting at a red light. The driver at fault had a "real" insurance co,not some ghetto low rent co like Gieco,and they had her taken care of within a week. As a footnote,I called my insurance co's 800# and got the message that my claim is still in progress.
 

aquariuscsm

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Oh,and not once did I ever tell her insurance co that I was going to do bad things to them or their client ,where the [censored] did you come up with that bs? If you reread the thread,I told them their "settlement" was unacceptable.
 
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Originally Posted by aquariuscsm
My gf the atty is an immigration atty,not an accident atty. How tx law works,you're required to carry liability,in case you cause an accident,which your carrier takes care of the person you hit. Getting caught without liability in tx is an instant revoke of your dl. She is in violation of tx law by failure to yield to the right of way. Similar thing happened to us a few years ago in her car. Female turned in front of another driver at the same type of intersection causing a collision,and her car got knocked across the street into my gfs car,where we were waiting at a red light. The driver at fault had a "real" insurance co,not some ghetto low rent co like Gieco,and they had her taken care of within a week. As a footnote,I called my insurance co's 800# and got the message that my claim is still in progress.
If the other party is in violation of a law, this does not equate to their carrier accepting 100% liability. A police report or citation will act as evidence, but it does not result in 100% fault to the other party. The final decision of "fault" on a percentage basis is a negotiation between the adjusters of the two companies. It is not an exact science by any means. Ultimately, it is like doing any other business transaction - does it make sense.
 
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Originally Posted by aquariuscsm
She is in violation of tx law by failure to yield to the right of way.
What the law says and what an insurance company does or doesn't do are not (always) related. The other party may have been cited by the police but that means nothing to her insurance company when it comes to them settling or not settling a claim. In your case, if Geico chooses to, they could come back to you and say "Claim denied". Then you get to hire an attorney and take them and the driver to court and hope it works in your favor.
 

hpb

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Originally Posted by Smoky14
I think I'd be looking for a new insurance company. I expect my calls to be answered.
Yes the entire thing sounds like a big mess, but this is the part that would be annoying me the most...
 
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Originally Posted by aquariuscsm
Originally Posted by dishdude
So are they trying to withhold 30% of the $7200? Do you have collision and comprehensive?
Yep,that's what they're trying to do. I just have liability on the Nissan.
I think this part of the equation keeps getting overlooked. The insurance would fight for you had you paid for collision. Your best option now is to talk to a lawyer but for the extra few thousand will it be worth it? A quick ten minute consult will tell you.
 
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Originally Posted by hpb
Yes the entire thing sounds like a big mess, but this is the part that would be annoying me the most...
A smart agent will tell their client "you have to talk to the people in the claims department". Doesn't mean ignore phone calls or messages but any response will be the same. Their hands are really tied plus their knowledge of the process will be very limited.
 
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Originally Posted by PimTac
Originally Posted by aquariuscsm
Originally Posted by dishdude
So are they trying to withhold 30% of the $7200? Do you have collision and comprehensive?
Yep,that's what they're trying to do. I just have liability on the Nissan.
I think this part of the equation keeps getting overlooked. The insurance would fight for you had you paid for collision. Your best option now is to talk to a lawyer but for the extra few thousand will it be worth it? A quick ten minute consult will tell you.
+1 I would be consulting with a lawyer if Geico's settlement isn't satisfactory... The insurance company is NOT looking out for your best interest. Years in the auto business says you have to fight and/or be represented unfortunately to be made whole many times.
 
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