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Not my fault accident all parties decline responsibility

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Zigner

Senior Member, Non-Attorney
I have already contacted my insurance company, which has been zero help. Anyway, it looks like i'll have to file a small claims suit against Geico and Allstate.
Why would you do that? Did Geico and Allstate cause the collision? You don't sue the insurance company, you sue the driver. Also, why would you sue the driver who's not at fault?
 


PayrollHRGuy

Senior Member
I have already contacted my insurance company, which has been zero help. Anyway, it looks like i'll have to file a small claims suit against Geico and Allstate.

Push them, everybody has a boss. If you purchased through an agent as opposed to buying directly from Geico online.

If you do have to sue on your own you don't sue the insurance company. You sue the at fault individual(s). You might sue Geico for failing to honor their contract with you.
 

Zigner

Senior Member, Non-Attorney
You might sue Geico for failing to honor their contract with you.
We have no indication that Geico has failed to honor their contract. I suspect that the OP hasn't even filed a claim.

ETA: I mean, filed a claim under his own insurance policy.
 

PayrollHRGuy

Senior Member
He said, "I have already contacted my insurance company, which has been zero help." That is what my statement is based on.
 

Zigner

Senior Member, Non-Attorney
He said, "I have already contacted my insurance company, which has been zero help." That is what my statement is based on.
Two possibilities:

1) "Contacting" his insurance isn't the same as filing a claim.
2) His coverage doesn't include collision coverage.
 

HighwayMan

Super Secret Senior Member
1) "Contacting" his insurance isn't the same as filing a claim.
2) His coverage doesn't include collision coverage.
To me it's pretty obvious he didn't file a claim - he was complaining about a high deductible and no rental coverage.

Since he has a pretty new BMW he'd be a real idiot not to have collision. Sounds like he does but he just doesn't want to file a claim under his own policy.
 

Zigner

Senior Member, Non-Attorney
To me it's pretty obvious he didn't file a claim - he was complaining about a high deductible and no rental coverage.

Since he has a pretty new BMW he'd be a real idiot not to have collision. Sounds like he does but he just doesn't want to file a claim under his own policy.
You're right.
 

PayrollHRGuy

Senior Member
But he doesn't need to just roll over and take it because the claims person for the other Geico client is more aggressive than the claims person he gets.
 

Dfresh71

Junior Member
Let me correct a few a things.

There are 3 parties involved here.

Allstate, Geico (the driver who hit me), and Geico (me).

Allstate denied the claim against the driver who hit me. Allstate is saying there driver is not at fault, and placing blame on the other 5 car accident.

Geico denied the claim stating that its Mr. Allstates fault for driving into me, although their driver drove into the vehicle causing the tire to fall off.

Geico (my insurance) is stating that the best method is to go through my own insurance and they will take this to Arbitration after. The reason I am not going through my own insurance even though money is not an issue for me covering the expenses, I have a $1,000 deductible, a car rental for a couple weeks will be out of pocket, my own insurance will want to use non-oem replacement parts, and I will be placing a claim for diminished value after. I'm wise enough to know that once I settle going through my own insurance pushing this into arbitration will be a complicated process, and I will be stuck in a repaired car with non-oem parts.

Last week I filed a written complaint in the State of NJ Insurance and Banking and received a response that they will be investigating against Allstate.
 

Zigner

Senior Member, Non-Attorney
Let me correct a few a things.

There are 3 parties involved here.

Allstate, Geico (the driver who hit me), and Geico (me).

Allstate denied the claim against the driver who hit me. Allstate is saying there driver is not at fault, and placing blame on the other 5 car accident.

Geico denied the claim stating that its Mr. Allstates fault for driving into me, although their driver drove into the vehicle causing the tire to fall off.

Geico (my insurance) is stating that the best method is to go through my own insurance and they will take this to Arbitration after. The reason I am not going through my own insurance even though money is not an issue for me covering the expenses, I have a $1,000 deductible, a car rental for a couple weeks will be out of pocket, my own insurance will want to use non-oem replacement parts, and I will be placing a claim for diminished value after. I'm wise enough to know that once I settle going through my own insurance pushing this into arbitration will be a complicated process, and I will be stuck in a repaired car with non-oem parts.

Last week I filed a written complaint in the State of NJ Insurance and Banking and received a response that they will be investigating against Allstate.
There is nothing to investigate against Allstate, as their position is entirely correct. It's kind of crappy that you even did that.
You've been given your choices, have at it. Please remember that one of your choices is NOT to sue the insurance company/companies involved. You would sue the other driver(s).
 

ecmst12

Senior Member
No one is going to cover OEM replacement parts. Your other choice besides going through your own coverage is hiring a lawyer to handle the multiple lawsuits which will cost you much more.
 

Dfresh71

Junior Member
Update:

So I filed a claim against the NJ Insurance State Commissioner against Allstate. The Commissioner got back to me stating that they are closing my case against Allstate (many of you were right, its not his fault), and they want me to file a claim against Geico with them. I called Geico, told them I'm filing with the Insurance Commissioner against them and to provide me a Letter of Denial (which I've requested on multiple instances). Well their tune quickly changed, and they accepted responsibility for the claim. However, there is a new issue. The driver who caused the accident didn't have enough coverage for the damages (Multiple people filed against him), and they want me to file a claim against my own policy. I told them that I want to continue with the claim against the driver, however i'm assuming now I might not receive the full amount for the damage. What is my next best option, go through my own coverage and sue the driver?

The reason I've been hesitant about going through my own policy is I don't have rental insurance, and I have a $1k deductible. Before anyone says anything about my high deductible etc, I have the money if needed to cover the expense, however its the principle that I'm zero at fault accident and need to pay out of pocket expenses.
 

PayrollHRGuy

Senior Member
The problem with suing the driver is that unless he has some assets you are likely never going to see any money out of him even if you win because he has maxed the insurance limits.
 

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