I'm so sorry Amylou. I've never had to do anything like this but am finding out with my bathroom remodel that legal issues drag along for months.

It sounds like a case for People's Court, but I think you have to live in New York for that. A friend of mine here was asked to be on Judge Judy when he filed a lawsuit against his contractor, but like me, he hates Judge Judy and refused to go on the show.

Too late for this advice, but if anyone ever asks you if you are okay, ask them right then if they will agree to be a witness for you and get their phone number. I did this for one of my wrecks, but it turned out that I did not need a witness, as the person who hit me admitted 100% fault.

Yesterday someone turned in front of me without making a signal, and so I was expecting her to go straight through the intersection, and she gave me a dirty look. I was able to stop before hitting her, as this was on a quiet residential street, I do not know why people make left turns without making signals. In L.A. people tend to make signals at the last possible moment, as if they do not want to give away their intentions.

The world is full of bad drivers. At least you did not have road rage, although you might have some sort of after-road rage at this time.

I hope you took plenty of photos at the scene of the accident.

Some states have comparative negligence. This happened to my husband in NJ. A woman ran a stop sign. My husband tried to stop. Long tire marks shows he tired to stop but wasn't able to in time. They said he was 5% negligent because he had to be going too fast. No proof that he was going too fast but that's what they came up with. It is totally ridiculous.

Another time in NC my husband was at a red light. You can only go right or left. My husband was going to make a left. The other light turned red and the lady stopped at the light. My husbands light turned green and he went and the lady that was stopped that had a red light starts going and hits him. Completely her fault. He gets a call from insurance company saying that the lady's daughter is claiming it wasn't her mothers fault. The daughter was not even in the car or at the scene of the accident. Luckily someone who was at the light had a dashcam that caught the whole thing. My husband was able to get it and sent it to the insurance company and that was the end of that.

I feel for you. Hopefully you win your case.

That is why I am at a loss here Lars. She admitted fault at the scene and to the State Trooper who took the report. The police report expressly stated that she admitted fault. I do not know the story that she told Geico to get them to fix her car and not mine. They would not tell me, just that her story was 100 % different than mine and until they were given evidence otherwise they were going with hers. That is why I sent them the accident report. And they are just digging their heels in for some reason.

I saw this woman at the Walmart Neighborhood market 2 weeks after the wreck in her repaired car.

She and her passengers commented to me that they were glad I was not mad and did not "cuss them out" or anything. I do not have rage problems and even though it was stupid on her part but an accident none the less, so no need to act a donkey over it. I just wanted to get to work on time, which I did NOT, btw.

vinmarks, that is another thing, since no one was behind me, I was not even driving the speed limit. The limit on that road is 55 I was going about 40. Her male friend passenger said to me that he was glad I wasn't "flying" because they really would have gotten hurt. Well I did get hurt. But I am glad I was not going faster because then there might have been more damage for her insurance to refuse to pay for....

Your vehicle was moving and hit her. Here that would make it very difficult not to have to share at least a small part of the blame, regardless of the circumstances. What anyone said at the scene is irrelevant. Maybe it's different in your state. I'd carefully consider risk/reward. How much do you have to win to come out ahead after costs, and what are the odds of that outcome?

Yeah. Cars move on the road. WTH. Wherever you are has some twisted standards if someone turning in front of a car on its own side of the road with the right of way and causing a collision is not completely at fault for doing so. Especially when they admit as such. No one was behind me, She could have waited 5 seconds for me to pass the road she was turning onto to turn.

As far as risk/reward, I feel like that is what her insurance company wants me to think, so that I will just give up and let them and her off scott free, with no consequences and they can just drive off into the sunset with my money in her repaired vehicle while my insurance company would be stuck paying for THIER responsibility. NO. Not doing it. Its about principle now. I never asked for a huge settlement to "come out ahead". I wanted them to fix my car. That's it. Since they do not want to do that without a fight, I will fight them. I just wish the process were faster and that there were decent, honest people working at these places not trying to stiff people they owe.

Amylou I forget, what state are you in?

Alabama, Lucille.

NOW Geico is asserting that while their customer is MOSTLY liable, I am too somehow. They suggested that I am somehow 20% liable for the wreck, and their customer is 80% liable. That is insanity, and I have no clue what their problem is.

There is comparative negligence, where a plaintiff award can be reduced by the amount that they were negligent. (This is more complex but that is basically the picture) However, there are a few states that have contributory negligence, I believe only 4 states and Alabama is one.

Under the contributory negligence rule, the plaintiff cannot recover any damages if they contributed in any way to the incident. To me, that is why Geico is coming up with this, to bar you from collecting anything.

By "come out ahead" I don't mean try to get a huge settlement, I mean "come out ahead." For example if you're hoping for $2000 extra and the lawyer costs $1000 and there's a 50% chance of winning at least $1000, then there's a 50% chance it'll cost you more money to file suit than to suck it up. And the best case is you net just half. Obviously several factors to consider here, but nobody cares if you're doing it out of principle, all that matters is how the case will be decided.

Geico has a reputation for this kind of behavior.

I remember being told at some point - can't remember if in CA or here in OH - that the driver presumed to have been the last one able to prevent the accident was considered at fault, even if the other driver recklessly caused the accident.

I do remember that years ago, my brother was stopped in a traffic jam on the freeway, when another car came behind him, failed to stop, struck his car and pushed it into the car stopped in front of him, damaging it. He was given a citation for having been stopped too close to the car in front of him...

I hope you can resolve this favorably soon.

For cars with ABS equipment, on dry or wet roads (I have no experience with snow or ice), a car stops faster by stomping on the pedal and letting the ABS do its job. Engaging the so-called emergency brake will interfere rather than help the task needed.

Amy, Have you contacted your insurance company? They should be helping you with this. Several years ago I fought with a body shop and when I was telling my insurance agent about it months later. She said I should have called her because noone wants to get a call from the other insurance company, Now this was a body shop and not a big insurance company.

^^^IME they have no part in it if she doesn't have collision. Which I'm assuming she doesn't or this would all be a moot point - the insurance companies would be sorting this out.

Not exactly, or maybe not everywhere. My wife had a minor fender-bender in a parking lot a year or two ago when another car struck her car when she was stopped. Minor is relative, any work by a body shop these days starts in the low 4 figures. She exchanged license plate and drivers license info with the other driver.

I called our insurance agent (State Farm) for what to do. Their procedure gave two options - we could deal directly with the other driver's insurance company to get it resolved, for them to pay for the repair. Or, we could submit a claim to State Farm, they would cover the repair (we have collision coverage with a deductible of like $125) and they would handle the settlement with the other insurance company. (This process is called subrogation).

With the assumption that a motionless vehicle could not have any element of responsibility for the collision, I opted to save the deductible and deal directly with the other insurance company. The repair was paid for, though not before the other driver tried to get some blame assigned to my wife, and that was that.

I have full coverage on all my vehicles, for the record. My insurance gave me the options Elmer mentioned,I would have to pay my deductible of course, which I may or may not recover after allstate went after them for the costs,as it was clearly her fault. I have a problem with that. Also, my premiums would go up,as they do when one makes a claim. Besides that,anyone with 2 working brain cells to rub together would see that she is 100% at fault, by common sense standards. My insurance said that there is no reason for Geico to not pay the claim. My insurance has called me to check on the status of the claim and have offered again the above option. I have opted to hold Geico to their obligation. I hope when it does go to trial, those deciding if do indeed have those 2 brain cells and teeny tiny amount of integrity. As that is all one really needs to do the right thing here.

Ok, personally I'd choose to have the insurance company do what they're paid to do. But if you're confident that you can make your case without them being able to call into question speed, concentration, alternatives to hitting her, etc. without witnesses then I say go for it. Good luck and let us know!

Feeling some pressure over your problems, amylou.

I was in a collision, turning left over nearby lanes, that caused irreparable damage to my car, none to me, and major, probably irreparable, to a van newer than mine with minimal personal hurt to the - two years ago next week. Haven't replaced my car, as I expect to lose my driver's licence.

Had you chosen to go into the lane populated by various oncoming vehicles ...

... there'd be replacement of your vehicle, rather than merely some repairs.

There'd likely be hospital and medical costs related to you ... and probably compensation related to ongoing, possibly lifelong impairment for you. Or, if you might not have survived, compensaation to your loved ones.

Plus dealing with suits by people who'd hit you, and quite likely others who had hit them as a result.

How'd they like that possible scenario?

I hope you can achieve a reasonably appropriate settlement, fairly soon and without a lot of complications.

ole joyful

I "was" a claims adjuster for AAA, years ago. If either party is at fault...say 20%...then you each pay a deductible. This is a money grab! Stick to your guns...go to court...you'll win. That's been MY experience. How long you ask..depends on how backed up the courts are. It's a messed up system.

I probably suggested this on an earlier thread, but I'd go onto r/insurance subreddit and ask for their thoughts. Many claims people post there and will be able to give their opinions based on laws in your state. If you go this route, I'd also recommend "stick to the facts" as they can be aggressively dismissive to emotional content.

Go to the Depatrtment of Insurance website and file a complaint. The insurance company has to respond to them. Even if you don't get anything out of it at least you make Geico do some extra work.

What would be the nature of the complaint? The insurance company is only doing its job.

@Elmer Elmer People put in compiaints with the Department of Insurance all the time. If OP thinks they are being treated unfairly then they have the right to have the Department of Insurance look into it.

Like a bad faith complaint? I do think they are using bad faith tactics in my case. I will ask my attorney about it. I trust him and will follow his guidance in all things related to this.

@amylou321 I just read the page for Alabama department of insurance. If you have an attorney they won't do anything. Sorry.

https://www.aldoi.gov/consumers/filecomplaint.aspx

Oh. Well thats fine. Thanks for the suggestion anyway.