sf415415 asked:
there was something on the road, i tried to avoid it and my car spun around and hit the guard rail… now my car is over with… i got a letter from geico saying…. “after our investigation, in the case, you were principally at fault because you failed to maintain control of the vehicle while trying to void an object in the road and caused your vechile to spin….. but i have full coverage… i pay like $1330 for everything 6 months for this cheap car i purchased for $3000 dollars…. i got insurance on the 8th and the accident happened on the 9th just one day after the insurance i purchased… kinda weird….. am i screwed?
Did you make a police report? If you did, then you can use your collision deductible to have your car repaired and your property damage coverage to make repairs, if needed, to the guard rail. If you truly had an accident and you truly were insured and the insurance company is refusing you, then you should file a complaint with your State insurance commissioner and/or consumer protection people
If you have full coverage including collision coverage, they will pay the fair market value of the vehicle, less whatever deductible amount you chose to apply. The letter only means there is not another party responsible for your damage, that it rests with you for failure to maintain control.
You best source of information will be your agent of course.
hopefully there is a police report to prove the date of loss. if no police report, is there a tow bill? the burden of proof is on you to prove the date of loss if none of these are available. they will not pay the claim without proof of loss. if you have proof of loss, they will pay claim less your deductible.
If you have collision coverage and the policy was in force on the date of the loss — that will pay for the damage to your vehicle – regardless of fault.
Does the letter actually say they will not pay you or does it just tell you that the accident is your fault?
As far as liability goes — it is considered an at fault accident. You were traveling too fast for conditions and failed to maintain control of your vehicle.
However, you collision should still pay to fix your car (less your deductible) and your liability will pay for the damage the the guard rail.
Call the adjuster that wrote the letter to you. They will be able to explain the process.
welcome to Geico! are they saying they are denying the claim or just informing you they have found you to be at fault? if you have full coverage they STILL should be paying for the claim minus your collision deductible. contact them and ask to speak to your adjuster and find out what they are going to do.
Do you have collision insurance? They should pay for it, even if it was a one-car accident and you were at fault. What does your policy cover?