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Not my fault accident all parties decline responsibility

Dfresh71

Junior Member
#1
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
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.
 

adjusterjack

It's a Dry Heat
#3
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.
 

latigo

Senior Member
#4
. . . 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?
 
#7
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.
 
#10
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.
 
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#11
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
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.
 

latigo

Senior Member
#13
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
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
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.