Problems getting expected coverage from Geico on auto colllision

[rrlamichhane]

What is the name of your state (only U.S. law)? Oregon

I was involved on a collision with a stationary object which was my fault and I'm covered for it in my comprehensive insurance plan with Geico with $500 deductible. I did not have a rental coverage at the time of the accident.

I took my car to a Body shop recommended by Geico and they kept the car for more than two weeks (initial estimate for completion was just one week). I paid for rental this whole time since I did not have a rental coverage.

However, after I got my car back I found out after a couple of days that the wheel is squeaking. I take it back to the mechanic and they found out that they did not catch all the damage. This damage was approved by the insurance company and they need to keep my car for another one week. I found out that the mechanic was never asked to do a full inspection after the accident on the first try and only asked to look at suspension and alignment.

I have a couple of problems here:
1) Since it was Geico's fault that they did not catch this flaw on the first attempt, can I make them pay for this one week rental I had to pay for the second time? I would assume that any insurance would send the car for full-inspection to the mechanic after the accident instead of adjuster making calls on what to look at.
2) They also found a damage on front drive shaft on the second time, which Geico says they won't cover because its not accident related. I never had any issues with my car before the accident and doing some online research it seems like that drive shaft can be damaged by going over a curb fast which is part of what happened during my accident.

I'm looking to file a small claims court against Geico. Any advice on how to approach this would be highly appreciated. Thank you.

 

[PayrollHRGuy]

1. It isn't the insurance carrier's fault. And nobody can always find all the damage.

2. Does the shop say the drive shaft damage was caused by the accident? Does anyone other than you?

 

[adjusterjack]

I'm looking to file a small claims court against Geico. Any advice on how to approach this would be highly appreciated.

Generally, you would approach a lawsuit against Geico just like you would against anybody else. You draft the papers, file them with the court, serve them on the defendant, and have your day in court.

However, there is a catch.

Read your policy.

When you bought it you agreed that, before you could sue the insurance company, you had to avail yourself of all the available remedies in the policy.

That includes the Appraisal provision and if that doesn't resolve the issue, there may be an Arbitration clause in your policy.

If you file suit without complying with the policy terms and conditions, the suit can easily be dismissed, you'll have wasted your filing and process service fees and you'll have to start all over again.