Complaint Review: GEICO AUTO INSURANCE

Since the complainant's daughter was rear-ended, she would be not at fault, and the result shouldn't count against her insurance record. Also, the daughter's insurance policy should have an uninsured/underinsured provision in it (it's not that expensive, and there's no reason not to have it), which this might apply under. Additionally, the claim could be made under the daughter's insurance company, and they could go through subrogation to attempt to recover costs from the estate of the person who died. All-in-all, not a "rip-off", since the complainant didn't use all available avenues to attempt to collect. Also not a "rip-off", since Geico apparently abided by the insurance contract, and had no legal obligation to pay.

The two people above me have the story half right here. I used to be an adjuster (although not for Geico) - here is what is going on:

They are, in essence denying liability for the accident based on the "act of God" defense. There is precedent within civil legislation that defines an "act of God" as a sudden, uncontrollable event.

These types of cases can be somewhat complexing, however in the end it all comes down to whether or not that person had any reason to believe that it was possible that they could have had a heart attack.

In other words, the person would have to 'assume the risk'. This means that if the person had been told by a doctor that they MIGHT have a heart attack, or if they had a previous heart attack THEN they would be responsible for the accident because they knew when they started the car that there was a possibility that they might have a heart attack and get into an accident. Hence, this person would have assumed the risk.

HOWEVER, if there was no medical history which indicated that the person might have a heart attack then that person is not responsible for the accident. Because they did not have any indication that they MIGHT have a heart attack when they started the car that day, they didn't assume any risk. Therefore, the accident is considered a sudden, uncontrollable event, and hence it is an 'act of God'

Here is what you need to do:

Obtain a denial letter from Geico stating that liability for the claim was denied due to an act of God. Report the incident to your insurance company and MAKE SURE that they put it under comprehensive, NOT collision. Comprehensive covers an act of God and many times carries a lower deductible, also comprehensive does not raise your rates.

Your insurance company may investigate to find out whether or not the other driver had any history of a heart condition. Unless he did, the claim will be paid by your insurance company under comprehensive as the accident was caused by a sudden, uncontrollable event. If it turns out that the driver did have previous heart conditions THEN your insurance company can go after Geico because ONLY THEN would the driver have assumed the risk that he may have a heart attack.

Hope this helps. Remember to get that denial letter and make sure it states CLEARLY why liability was denied so that you can pursue a comprehensive claim. Remember, for all intensive purposes, your car was hit by lightning, this is not your fault.

Good luck.

Unfortunately I have been in many car accidents with only 2 my fault, so I basically know every procedure/process that has to do with insurance companies as I have been dealing with them for 13 years. You need to file with your insurance company, like Mike said they know anyway and you are always supposed to report a claim no matter whos fault. This will not affect or go on your daughters rates as it was not her fault. What your insurance company will do is make you pay your deductable up front then they will pay for the repairs, they will hire an attorney (at no cost to you) for you or do it themselves and sue the other party. You will get your deductable back and they will put a judgement against that person until they pay. They will not be able to register any cars, boats, or property in thier name, they will lose thier license, and put a lien on any property they own until the judgment is satisfied. I am going through one of the same claims right now. Hopefully this will help and good luck

Unfortunately I have been in many car accidents with only 2 my fault, so I basically know every procedure/process that has to do with insurance companies as I have been dealing with them for 13 years. You need to file with your insurance company, like Mike said they know anyway and you are always supposed to report a claim no matter whos fault. This will not affect or go on your daughters rates as it was not her fault. What your insurance company will do is make you pay your deductable up front then they will pay for the repairs, they will hire an attorney (at no cost to you) for you or do it themselves and sue the other party. You will get your deductable back and they will put a judgement against that person until they pay. They will not be able to register any cars, boats, or property in thier name, they will lose thier license, and put a lien on any property they own until the judgment is satisfied. I am going through one of the same claims right now. Hopefully this will help and good luck

GEICO does have the right to not pay this claim IF the other driver had an unforeseen heart attack prior to the impact. In order for GEICO to pay their driver has to be negligent. They would not be considered negligent if they had a heart attack and did not have any previous heart issues. You would have a small chance of collecting from GEICO if it can be proven that the other driver had been driving erratically for awhile that day and should have pulled over. It's a long shot but I did win a case like this in MN when 2 witnesses came forward that saw a guy driving erratically, pull over for a minute or so then continue driving. He had a heart attack and hit my guy.

Here is what I suggest. Call your company and ask them if your daughters rates will go up if you present a collision claim.(I doubt they will) If not, use your collision coverage. You'll have to pay your deductible but then your company can investigate whether the claim of the unforeseen heart attack is legitimate. The dead lady's company would have to have past medical records which due to the Privacy Laws they can not share with you. However, their is a provision that allows insurance companies to share confidential medical records in order to settle insurance claims.

Good Luck

It's the only way you're going to get paid for damage to your car. It's just how the system works. Your insurance will demand that GEICO pay you, because they sure don't want to pay anything either. Going only to the other guy's insurance company never works. They are in business to protect themselves and the other guy, not you.

Your insurance already knows about the crash. They get police and court reports and share information with other insurance companies. They are not allowed to raise your rate because of a crash that is not your fault.