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  #1  
Old 08-20-2009, 06:35 PM
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Join Date: Aug 2009
Posts: 1

Auto accident suit and insurance questions


What is the name of your state (only U.S. law)? Pennsylvania-Philadelphia

i got into an accident over 2 years ago and it was deemed my fault. i was also given a ticket by a cop on the scene and My insurance company (Geico at the time, and i have since switched to another insurance company) paid out to the other party. (PS: i fought the ticket for 5 months and it was eventually dismissed). A couple of days ago a received a letter in the mail which indicated that a verdict ($105,000) had been awarded against me in a suit by the other party involved in the accident ( 3 people in the other car at the time of the accident and each was awarded about $35,000). My bodily injury coverage limit with Geico then was $20,000/$40,000. I was never served and hence was not aware of the suit till i got this letter. I pulled the docket of the suit online and it claims i was served around Christmas last year, but i never received anything. I called Geico and informed them about the suit and they were not aware of the suit also. They asked me why i never informed them when i was served as my policy requires me to do so for coverage, and i explained that i was never served. As of now they told me they would be contacting me. My questions are as follows:
1) Since i never got served, although the docket indicates that i did, am i screwed, the reason i ask is because the Geico person i spoke with indicated that my policy states that for them to cover me in this kind of suit i should have informed them when i got served (8 months have elapse between the alleged serve date and verdict date)?
2) I live in an apartment complex that has a front desk attendant that sometimes signs for packages. if he signed for my service letter and i still didn't receive it (which is what i think happened), is that valid ?
3) I am a graduate student with no source of income, is there a possibility that the award could be reduced for that reason since it exceeds my policy limit?
Given the info i have provided, what are my chances that (A) my insurance would leave me hanging because of the service letter suituation,(B) i can get the verdict overturned if they don't leave me hanging(C) the award sum would be reduced to within my policy limits.
Any help would be appreciated. thanks.

Last edited by duramater; 08-20-2009 at 06:38 PM.
  #2  
Old 08-20-2009, 06:56 PM
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Join Date: Nov 2005
Location: I don't know. The guys with the keys won't say. I think it's top secret info.
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I believe this is the appropriate section of code:

Rule 402. Manner of Service. Acceptance of Service.

(a) Original process may be served

(1) by handing a copy to the defendant; or

(2) by handing a copy

(i) at the residence of the defendant to an adult member of the family with whom he resides; but if no adult member of the family is found, then to an adult person in charge of such residence; or

(ii) at the residence of the defendant to the clerk or manager of the hotel, inn, apartment house, boarding house or other place of lodging at which he resides; or

(iii) at any office or usual place of business of the defendant to his agent or to the person for the time being in charge thereof.

take note of (a)(2)(ii)

if this is the correct rule, then service to the clerk at the hotel would be acceptable.

will they reduce the award due to your student status? No, why would they. The award is for damages and are your income is irrelevant when determining damages.
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  #3  
Old 08-20-2009, 07:25 PM
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Join Date: May 2009
Location: Florida - USA
Posts: 11
Just a question. You said 'Geico at the time, and i have since switched to another insurance company paid out to the other party."

If they paid the settlement they would have gotten a release. Did they?
  #4  
Old 08-20-2009, 07:35 PM
Senior Member
 
Join Date: Feb 2006
Location: Philadelphia, PA
Posts: 17,752
You need to talk to a lawyer yesterday. There is no excuse for Geico not knowing about the suit. When there is knowledge of an injury claim, they are supposed to check the dockets every month until the SOL is up.
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