+ Reply to Thread
Page 1 of 3 123 LastLast
Results 1 to 15 of 31
  1. #1
    Join Date
    Jan 2010
    Posts
    14

    Not my fault accident all parties decline responsibility

    State of New Jersey

    I'm a Geico Policy Holder. To make a long story short I was part of an 8 car accident on a 5 lane highway. 5 cars rear ended each other, a tire flew off one of the cars and a driver drove into the side of my car to avoid the tire which sandwiched my car between the driver to drove into me and the car in the next lane. I originally put in a claim against Allstate for the driver who drove into my car. Allstate declined the claim because they stated that there driver was avoiding a tire and drove into me. I put a claim in against the driver who hit the vehicle which cause the tire to come off (also a Geico policyholder). Geico declined the claim, and wants to me to use my policy to have my car fixed and go into arbitration on who is liable. My problem is I feel like this will never happen if I go this route. Any help?


  2. #2
    Join Date
    May 2017
    Posts
    1,187
    You can sue every person that was involved in the accident and let the court decide. You could also make a claim on your insurance and let the insurance companies argue it out. That is what I would do.


  3. #3
    Join Date
    Aug 2015
    Location
    Phoenix, AZ
    Posts
    4,242
    Quote Originally Posted by Dfresh71 View Post
    I put a claim in against the driver who hit the vehicle which cause the tire to come off (also a Geico policyholder). Geico declined the claim, and wants to me to use my policy to have my car fixed and go into arbitration on who is liable. My problem is I feel like this will never happen if I go this route.
    You might be right.

    Your choices are use your collision coverage or sue.

    What you do depends on how soon you need or want your car fixed.

    If it's drivable (safely) and you can point to one driver as the proximate cause of the accident and your repair cost is within the small claims limit, a lawsuit against the driver might be practical, understanding that it might take months.

    If the proximate cause is unclear and you have to sue multiple drivers, you're going to be up against complicated evidentiary issues and you'll be in way over your head.


  4. #4
    Join Date
    Apr 2009
    Posts
    5,576
    Quote Originally Posted by adjusterjack View Post
    . . . If you have to sue multiple drivers, you're going to be up against complicated evidentiary issues and you'll be in way over your head.
    Well, not so sayeth payola guy!

    According to this armchair legal expert all dubose needs to do is to file a shot gun lawsuit naming everyone in sight and leave the outcome up to the court.

    How could anyone be in over their head even if standing on it (as HR's post would infer) doing something as simple as that?


  5. #5
    Join Date
    May 2017
    Posts
    1,187
    You just made all of that up.


  6. #6
    Join Date
    Apr 2009
    Posts
    5,576
    Quote Originally Posted by PayrollHRGuy View Post
    You just made all of that up.
    And you either have a clown or a flexible memory . . . . . .

    PayrollHRGuy You can sue every person that was involved in the accident and let the court decide.


  7. #7
    Join Date
    May 2017
    Posts
    1,187
    I didn't suggest that. I said he could. I also said he should contact his own insurance company and let them deal with it and said that is what I would do.


  8. #8
    Join Date
    Dec 2005
    Location
    Ohio
    Posts
    58,342
    How were you sandwiched if you didn't hit another car? Because you would have been at fault for the car you hit.


    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  9. #9
    Join Date
    Feb 2006
    Location
    Philadelphia, PA
    Posts
    36,597
    Not necessarily. Depends on the circumstances.


  10. #10
    Join Date
    Jan 2010
    Posts
    14
    Quote Originally Posted by Ohiogal View Post
    How were you sandwiched if you didn't hit another car? Because you would have been at fault for the car you hit.
    It was a 5 lane highway. Pile up occurred in lane 1 (fast lane) about 15 car lengths in front of me. Speed was slowed from 65mph to 25mph, as we approached the accident seen, driver from lane 2 drove (avoiding a tire in the road) moved his car from lane 2 into lane 3 into the back door of my car displacing my car inbetween lane 3 and 4 and into the car to my right. Driver from lane 4 drove off so its considered a "hit and run". I'm not concerned with this because he was also a victim.


    Last edited by Dfresh71; 11-17-2017 at 10:23 AM.
  11. #11
    Join Date
    Jan 2010
    Posts
    14
    Quote Originally Posted by PayrollHRGuy View Post
    I didn't suggest that. I said he could. I also said he should contact his own insurance company and let them deal with it and said that is what I would do.
    The issue I am having is that the driver who hit me has Allstate. Allstate denied the claim because they are saying the driver was avoiding a tire. I put a claim in against Geico against the guy who hit the car which caused the tire to come off. I also have Geico, and they are saying the blame is on the driver who drove into my car. Geico is unwilling to do anything and recommending that I go through my own coverage.

    The issue with going through my own coverage (besides the fact i'm a zero fault for this accident) is I have a high deductible, I do not have car rental insurance, and I have a fairly new BMW so i'm putting in a claim in for diminished value. If I go this route, I am more then likely not recovering these costs.


  12. #12
    Join Date
    May 2017
    Posts
    1,187
    You seem to missing out on the issue is that at this point it isn't unusual for the other party's insurance to say they weren't at fault. They don't want to pay the claim and they want to defend their policy holder. That is why you need to contact your insurance company. They will do the same for you.


  13. #13
    Join Date
    Apr 2009
    Posts
    5,576
    Quote Originally Posted by PayrollHRGuy View Post
    You seem to missing out on the issue is [sic] that at this point it isn't unusual for the other party's insurance to say they weren't at fault. They don't want to pay the claim and they want to defend their policy holder. That is why you need to contact your insurance company.(?) They will do the same for you.
    Try working on you reading skills as it seems that you are the one missing out on the issue"!

    Dfresh -11-14-2017, 12:27 PM - Geico declined the claim, and wants me to use my (Geico) policy to have my car fixed and go into arbitration on who is liable.


  14. #14
    Join Date
    May 2017
    Posts
    1,187
    I completely understand the issue. Geico is defending their client that the claim has been made against. Geico will also defend their client when he has to make a claim that his policy shouldn't be paying for.


  15. #15
    Join Date
    Jan 2010
    Posts
    14
    Quote Originally Posted by PayrollHRGuy View Post
    I completely understand the issue. Geico is defending their client that the claim has been made against. Geico will also defend their client when he has to make a claim that his policy shouldn't be paying for.
    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.


+ Reply to Thread
Page 1 of 3 123 LastLast

Similar Threads

  1. At fault parties insurance company giving me the run-around.
    By JBoy888 in forum Auto Accidents and Vehicle Claims
    Replies: 0
    Last Post: 10-05-2017, 09:38 AM
  2. Shared responsibility, not majority at fault, being sued by majority fault driver
    By ecbutler in forum Auto Accidents and Vehicle Claims
    Replies: 4
    Last Post: 06-19-2017, 05:57 PM
  3. Car Accident with different accounts from both parties
    By gjhansen in forum Auto Accidents and Vehicle Claims
    Replies: 3
    Last Post: 03-08-2017, 10:11 PM
  4. Other parties fault, I don't have insuruance. Also, doctors randomly calling?
    By willpower102 in forum Auto Accidents and Vehicle Claims
    Replies: 15
    Last Post: 02-20-2008, 06:46 AM
  5. Both parties at fault in WV?
    By PamG in forum Auto Accidents and Vehicle Claims
    Replies: 2
    Last Post: 11-25-2006, 04:13 PM

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© Since 1995 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.