Complaint Review: GEICO

David,

without knowing all of the facts surrounding your case it appears to me that perhaps the person insured with geico that rear ended you did not carry bodily injury coverage. I say this because even the lawyer you hired was not able to help. The great state of florida only requires motorists to purchase property damage coverage and PIP or personaly injury protection. the property damage coverage is what handled your vehicle damages. pip coverage the insured in the event they suffered injuries in an accident, not the person they caused injuries to. this is why you had to file with your insurance carrier for your medical bills.

if the person geico insured did not carry bodily injury coverage then they could not pay or handle any of your medical bills, period. dont blame the insurance company for not paying for coverage that someone did not purchase.

Mike

David,

without knowing all of the facts surrounding your case it appears to me that perhaps the person insured with geico that rear ended you did not carry bodily injury coverage. I say this because even the lawyer you hired was not able to help. The great state of florida only requires motorists to purchase property damage coverage and PIP or personaly injury protection. the property damage coverage is what handled your vehicle damages. pip coverage the insured in the event they suffered injuries in an accident, not the person they caused injuries to. this is why you had to file with your insurance carrier for your medical bills.

if the person geico insured did not carry bodily injury coverage then they could not pay or handle any of your medical bills, period. dont blame the insurance company for not paying for coverage that someone did not purchase.

Mike

David,

without knowing all of the facts surrounding your case it appears to me that perhaps the person insured with geico that rear ended you did not carry bodily injury coverage. I say this because even the lawyer you hired was not able to help. The great state of florida only requires motorists to purchase property damage coverage and PIP or personaly injury protection. the property damage coverage is what handled your vehicle damages. pip coverage the insured in the event they suffered injuries in an accident, not the person they caused injuries to. this is why you had to file with your insurance carrier for your medical bills.

if the person geico insured did not carry bodily injury coverage then they could not pay or handle any of your medical bills, period. dont blame the insurance company for not paying for coverage that someone did not purchase.

Mike

David,

without knowing all of the facts surrounding your case it appears to me that perhaps the person insured with geico that rear ended you did not carry bodily injury coverage. I say this because even the lawyer you hired was not able to help. The great state of florida only requires motorists to purchase property damage coverage and PIP or personaly injury protection. the property damage coverage is what handled your vehicle damages. pip coverage the insured in the event they suffered injuries in an accident, not the person they caused injuries to. this is why you had to file with your insurance carrier for your medical bills.

if the person geico insured did not carry bodily injury coverage then they could not pay or handle any of your medical bills, period. dont blame the insurance company for not paying for coverage that someone did not purchase.

Mike

Here is a little advice for John, Steve and the others who have been in accidents. Educate yourself about your policy and what it covers and how it works. With the internet there should no longer be anybody involved in an accident that can't get answers about how insurance claims work. I have worked in the claims business since 1985 and have seen/heard thousands of people complain about claims and insurance companies. A good chunk of the complaining could be avoided if people learned how these things work instead of just complaining.

I have worked for many of the big insurance companies, Allstate, Nationwide, State Farm & American Family. If, as Steve ascertains, I would get a bonus based on screwing around with and not paying claims I would still be working for an insurance company. (I remain in the business but am self-employed)

As others have pointed out "No-Fault" pertains to medical and sometimes lost wage benefits ONLY. The phrases has absolutely nothing to do with determining who is actually negligent. Certain states decided that having your own company pay your medical bills (regardless of who is at-fault)would be better for the policyholder. The states believed (mistakenly) that it would eliminate the adversarial clash between the injured and the company. It's not a perfect system as seen by the fact that some states (Colorado comes to mind)have repealed no-fault laws in the past few years.

Each state has set a Statute of Limitations for when an injury claim must be settled. Most states range from 1 to 6 years. These are not in place to screw over the injured person. For the most part they were put in place to protect the injured person so that insurance companies could force injured people into settling too soon. If you want to settle your claim sooner than the Statute you have the legal right to do so. The Statute of Limitations provides only one benefit to the company. The injured person has to settle the injury claim or file a lawsuit before the Statute "runs" If they don't settle or file a suit prior to this then the company doesn't have to pay. By the way many States have a "Fair Claims Practice" act that states the company must inform you of when the Statute is "running".

Let's tackle comparative negligence or "distributive negligence" as stated is Steve's post. In most states both or all parties can be held partially responsible for an accident. There must be an act or omission by the driver that violates the "rules of the road" or a traffic Statute. You are not 10% at-fault just for being there. If you are rear-ended you are not at-fault AT ALL (unless you stopped with the intent of having the vehicle behind you strike your car). If your car is parked when hit you are not at-fault AT ALL. Even if you are illegally parked. Intersection and stoplight accidents are where comparative negligence causes the most trouble. All the time you hear about about somebody who had a green light entering an intersection and hitting somebody who ran a red light. The the person with the green light gets ticked off when the company for the other driver offers them 80% of their damages. Most people are not aware that having the right of way does not give you carte blanche do just enter the intersection without knowing what is going on around you. If you have the green light you still have a duty to make sure it safe to enter the intersection and take evasive action if needed.

Let's finish off with LKQ (like, kind, quality) or aftermarket and used parts for car repairs. Here again a little education can keep the blood pressure at a reasonable level. When buying the policy ask your agent what the companies procedures are regarding vehicle repairs. Most companies have printed out rules stating something like "our policy covers brand new parts from the manufacturer on current year vehicles with less than 10,000 miles and no previous damage." It is UNREASONABLE to expect brand new parts on a 4 year old car that has 75,000 miles on it. The policy owes you to put you back to where you were just prior to the loss. That means giving you a fender with 75,000 miles on it to replace the damaged one that had 75,000 miles on it just before impact. If your child backs into your neighbors car and your child is going to pay for the repairs out of their pocket how would you react if you neighbor demanded brand new parts on their old truck that has 100,00 miles and just as many dents/scratches on it. You would want to pay them for used parts. (putting them back in the position they were in just prior to the loss) What is fair is fair.

Just because I'm in the claims business doesn't mean I love insurance companies. In fact most claims adjusters are not the problem. It's the upper management people running companies that cause the most grieve.

Bottom line is educate yourself on how this stuff works, hopefully before an accident, so you know what to expect and know what is legal under the terms of your policy and your states laws.

Best of luck.

YOu are 100% right and I myself, along with my 4 year old son, was sitting at an intersection and rear ended at 45 MPH by a utility truck not watching and the guys screwing around in the cab and totaleld our new car which we didn't even have 1st payment made on! Forget the sheer amount of emdical bills, therapy, etc for both me and my son, to date (1 1/2 years later, not a d**n dime has beens ettled wiht the insurnace company, as we had to get a lawyer to handle this, after it was evident, the insurance compnay tried ot strong arm us like we did something wrong- but we were the victims!

BTW, we found out, here in NC, they give insurance companies 3 years to settle claims, and we also found investigating, that all adjustors and inspectors for insurnace compnaies play around wiht claims, as they all stand to get bonuses at year end for how much they keep their companies from paying out for any type of costs/losses too! They will utilize techniques of frustration on consumers and clients all in the name of making more money and not one of them cares as their pretty little TV adds say. Maybe if they operated with integrity and character, they could stop running multi-million TV ads and give thsoe savings back to the policyholders.

I could go a step further here too, because the lawyers all take 33% off the gross of any settlement 1st and this needs to be revamped as well! Victims like us and others, already have our credit ruined from $tens of thousands of unpaid medical and therapy costs from accidents we did not cause, and what would make sense is pay all the victim's bills first to eleviate this credit burden with any settlement, then give the lawyers their 33%, and then what is left to the victims. Because the system today is skewed against the victims and in our case, our lawyers are not doing a d**n thing different than what we already have done, except now we can no longer speak to any insurer and only the lawyers can as they represent us.

Also, we found out, they are starting to use slick new terms such as "distributive negligence" which means, in the insurnace compnay's eyes, everybody should take repsonsiblility for some % of the accident! NO kidding! So us (just as yourself), sitting at a red light at 5:00pm with other cars, are being forced to say we should take some part of the responibility just for being in the wya of the wrongful driver who hit us!

It is wrong, it is a legalized fraud on the consumer, and the whoile insurnace industry in America needs overhauled; especially in light of the sheer amount of corp. fraud from CEO's and other top execs of the industry.

The doctrine of "no fault" applies only to personal injuries. Property damage is handled about the same in all states.

If you can't reasonably blame a SPECIFIC other person for a crash, it is your fault. The phantom car that "runs you off the road" then disappears doesn't count. The insurance company can't collect from them, so it's your fault.

When you don't have collision coverage on your policy, don't expect to get paid for any collision damage, even if it really wasn't your fault. The best thing to do after you've run off the road and hit a tree is not tell anyone, unless you have collision and really need the money to help pay off your car.

I think you may be a little confused on things.

If you have an accident, you still the accident. It doesn't matter if you refuse to be paid for it or not. The accident will most likely show up on your MVR if police were called.

No fault does not mean someone was not at fault for the accident, it just means the persons is responsible for their own damages.

If you cause an accident, it would still be your fault.

I think you may be a little confused on things.

If you have an accident, you still the accident. It doesn't matter if you refuse to be paid for it or not. The accident will most likely show up on your MVR if police were called.

No fault does not mean someone was not at fault for the accident, it just means the persons is responsible for their own damages.

If you cause an accident, it would still be your fault.

I think you may be a little confused on things.

If you have an accident, you still the accident. It doesn't matter if you refuse to be paid for it or not. The accident will most likely show up on your MVR if police were called.

No fault does not mean someone was not at fault for the accident, it just means the persons is responsible for their own damages.

If you cause an accident, it would still be your fault.

I think you may be a little confused on things.

If you have an accident, you still the accident. It doesn't matter if you refuse to be paid for it or not. The accident will most likely show up on your MVR if police were called.

No fault does not mean someone was not at fault for the accident, it just means the persons is responsible for their own damages.

If you cause an accident, it would still be your fault.

Luckily for me, I have never such a bad accident that I was hurt really bad. (although I did wrap my car around two trees, more on this later)

You are required to carry PIP (personal injury protection) in Florida. Infact, when I was getitng my insurance, this was the only thing that was required.

I put PIP and a few other minimal things on my insurance, when I was forced off the road and ended up hitting two tree's My husband and I got a few injuries, cuts from the broken windows, bruises from the projectiles in the car and from hitting the sides of the car ect... We refused medical attention.

Unfourtunetly, and what I personally think is the rip off, is the Florida Highway Patrol wrote me a ticket for "reckless driving" they did not listen to my account of events but instead listened to a bystander that had saw the accident. They also charged me 150 dollars for a tow. ( i was told later that if the FHP did not call a tow company, that they would have brought my car for 50 dollars.)

My insurance company did not take care of the loss of my car, but they did pay for part of my tow, offered to pay me lost wages (80%), and they Offered to pay for my medical bills (80% as well) but since I only lost a day of work, and only had minor injuries I decited to refuse so it wouldent be on my record.

So basically, what you definatly need to do is get that report, and make sure that the officer that is taking your statement is taking the RIGHT statement because sometimes (at least to me) they do seem biased. My husband and I are relativly young, and the man who spoke to the police was Middle aged.

Your best bet if you get into an auto accident in Florida is Most definatly get a lawyer. We are in fact a "No fault state" What this basically means is, no matter how much it looks like it was you fault, it wasnt your fault at all. Ie: someone break checking someone else, and in turn getting rear-ended, it looks like the person who rear-ended the other person was as fault, but in fact they are not.

so if you dont get the police report, including the diagram of the accident and a written stament stating who's fault it was, it will basically be your word against the other persons. That may end up costing you a lot more than the $150.00 that I had to pay.

first thing after getting out of the hospital was you should of gotten a lawyer. that is what they are for to take over and deal with the companies. no one should ever talk to an insurance company after an accident they will twist everything so that is where the lawyers come in and believe me i was rear ended by a geico customer and my lawyer is great i have not had to worry about anything.

"Full coverage" as defined in the state of Florida would be PIP and PD coverage. All other coverage is optional.

I can guarantee that there is more the story that what is listed on this board. There are many laws in the state of Florida that prevent insurance companies from denying payments unless there is a clearly documented reason.

As stated above in Florida in order to receive any compensation above you basic medical expenses you have to breach a threshold meansing you have to
1. loss a bodily function
2. loss a body part
3. have some sort of disfigurment / scarring
4. die

If you do not breach the thershold then you are not "entitled" to anything more than your out of pocket expenses.

There is much more that could be said about this matter but something tells me that we do not have the full story here.

"Full coverage" as defined in the state of Florida would be PIP and PD coverage. All other coverage is optional.

I can guarantee that there is more the story that what is listed on this board. There are many laws in the state of Florida that prevent insurance companies from denying payments unless there is a clearly documented reason.

As stated above in Florida in order to receive any compensation above you basic medical expenses you have to breach a threshold meansing you have to
1. loss a bodily function
2. loss a body part
3. have some sort of disfigurment / scarring
4. die

If you do not breach the thershold then you are not "entitled" to anything more than your out of pocket expenses.

There is much more that could be said about this matter but something tells me that we do not have the full story here.

"Full coverage" as defined in the state of Florida would be PIP and PD coverage. All other coverage is optional.

I can guarantee that there is more the story that what is listed on this board. There are many laws in the state of Florida that prevent insurance companies from denying payments unless there is a clearly documented reason.

As stated above in Florida in order to receive any compensation above you basic medical expenses you have to breach a threshold meansing you have to
1. loss a bodily function
2. loss a body part
3. have some sort of disfigurment / scarring
4. die

If you do not breach the thershold then you are not "entitled" to anything more than your out of pocket expenses.

There is much more that could be said about this matter but something tells me that we do not have the full story here.

"Full coverage" as defined in the state of Florida would be PIP and PD coverage. All other coverage is optional.

I can guarantee that there is more the story that what is listed on this board. There are many laws in the state of Florida that prevent insurance companies from denying payments unless there is a clearly documented reason.

As stated above in Florida in order to receive any compensation above you basic medical expenses you have to breach a threshold meansing you have to
1. loss a bodily function
2. loss a body part
3. have some sort of disfigurment / scarring
4. die

If you do not breach the thershold then you are not "entitled" to anything more than your out of pocket expenses.

There is much more that could be said about this matter but something tells me that we do not have the full story here.

You are required to carry liability insurance in Florida, but Florida requires you to carry the coverage personal injury protection.

The state of Florida doesn't require liability insurance?! That's utterly amazing.

So in other words, auto insurance is not required in FL, since all of the other coverages are typically optional.

Is that correct?

I've only been to Florida 3 times in my life, but I recall the drivers were pretty crazy and I just took cabs.

Nicole,

Thank you for clearing that up for me. NOW it makes sense. Thanks again.

When you travel into FL make sure your insurance extends to other states. This means who you have insurance with can do business in FL. When you travel into another state your coverage extends to meet the requirements of that state. There is no choice between no-fault and at-fault insurance in the state of FL. You dont purchase no-fault insurance, that is the contract that FL requires. You still can carry the exact same coverage in FL as you do in MO with some small additions. Namely PIP(personal injury protection) this is what pays if you have an accident whether you are at fault or not. This shouldnt raise your insurance cost at all. Your insurance company then goes to the other company once this is paid out. FL is only one of a couple states in the US that doesnt require a customer to carry Bodily injury Liability, but the residents of FL keep voting for the same people who make these laws....

David you seem to consider yourself knowledgeable about Insurance laws, answer this. I will vacation in Florida this summer. If I am rear-ended and injured while on vacation does that mean the "at fault" insurance will not be held responsible for paying my medical bills?!? That doesn't seem right at all!!! Why should MY insurance have to pay for injuries incurred due to someone else's negligence (or inability to drive), which would result in MY PREMIMUMS INCREASING!

If an 18 wheeler runs over a family in a minivan, and seriously injuries everyone in the van, it doesn't make sense that the trucker's insurance company can say "screw you, hope you had no fault insurance to cover the $200,000 medical bill because we don't have to pay it and we won't pay it". I guess if you are an out of state driver in Florida, you better hope and pray your not involved in an accident while you are there. Sounds like the Florida insurance laws are the biggest ripoff.

J in Missouri, as was previously noted the person posting is in Florida.

Different states have different coverages and types of insurance with Florida being a no-fault.

If you don't know about the insurance process in state, don't give advice because it will be no good as was the case with your comments.

The below may not be entirely correct due to the way things change over time, but a simple search may help you.

You have your Personal Injury Protection (PIP) claim to your own insurance company, regardless of fault.

If the other driver is at fault, you have a property damage claim against the other driver's property damage liability insurance coverage.

If the other driver is at fault, and you are injured, you have a bodily injury claim to the other driver's bodily injury liability insurance coverage, assuming you meet certain threshold injury requirements.

What benefits does your No-Fault (PIP) policy provide?

a.) Eighty percent of medical benefits for all reasonable expenses for necessary medical, surgical, x-ray, dental and rehabilitative services, including prosthetic devices, wheelchairs, crutches, slings, neck braces and splints. (including necessary travel related to medical care.)

b.) Eighty percent of necessary ambulance, hospital and nursing services.
c.) Eighty percent of necessary remedial treatment (nursing home care or home nursing care).

d.) Eighty percent of necessary remedial treatment and services recognized and permitted under Florida law when an injured person who relies solely upon spiritual means through
prayer for healing because of religious beliefs.

e.) Sixty percent of disability benefits for any loss of gross income and loss of earning capacity from inability to work because of an injury suffered in an accident.

f.) All expenses reasonably incurred for household services that, if not for the injury, the injured person would have performed (i.e., cleaning, yard care, etc.)

g.) Death benefits - $5,000.00 per individual in death benefits. The insurance company may pay such benefits to the executor or administrator of the deceased, to any of the deceased's relatives, including those related by marriage or to any person appearing to the insurer to be reasonably entitled to the payment.


The question is did you have insured as required by law.

I agree with the other poster, some information is obviously be left out.

If you lived in Florida, you would know the insurance laws. The OP's insurance pays for the medical portion until such time that doctor releases them from treatment. THEN, they can sue the other driver. That is just the way it is out here. There is probably more to this report than meets the eye, but we probably will never know.

Why should his insurance have to pay a dime? The OP stated he was STOPPED at a redlight AND WAS REAR-ENDED by another driver. The OP was CLEARLY NOT AT FAULT. I don't care what state you are in if you are rear-ended and injured then the at fault insurance SHOULD PAY!!!! I, too, was rear-ended at a stoplight (late last winter). The roads were clean and dry, but the 82 year old man "didn't see my vehicle at the light" (I drove a RED GMC Yukon how could he not see it). Like the OP I was injured (neck and upper back) due to the force of the impact. He hit hard enough to shift the frame of my truck, and broke the frame of the driver's (my) seat (it totaled his car). His insurance paid off very quickly both the damage to my car and my medical bills. To the OP, hire a COMPETENT lawyer and take these bums to court. Good luck, and don't lower yourself enough to vote for the liberals.

This might come as a shock to you, but Fl is a no-fault state. Did you carry the best amount of Personal Injury Protection possible or did you try to cut costs by taking the lowest amount avalible( ie the cheapest?) This is what should have paid out for your medical bills. Did you get your own insurance company involved? Or did you not have insurance of your own, because if you did your insuace company should have paid out on your behalf... Sound like you havent really even attepmted to resolve this, just whine about it...