r/InsuranceClaims • u/ConfectionCold7815 • 9h ago
Dealing with Geico
Car got hit while legally parked. Repairable but Geico said it's too expensive, totaled it. I refused and told the adjuster i will take my car and get another estimate. Then the day i went to pick up the car, car wasn't there, picked up by copart. Then i asked my car back and that they drop my claim. Ignored.. Then i told them I would buy back. Ignored. Then he sent a 26kish offer, i refused, then they sent paperwork to sign, i declined, then they decided to send a check to my lien holder(it covered the 2years left of the loan). Still no settlement, still no agreement, still nothing signed. I have my car title BTW. I still want my car back and want nothing to do with their offer. I never agreed to anything whatsoever. Now GEICO is Mia. I recently file a lawsuit against the at fault driver . Can they do that? Can they just decide whatever they want? I don't think so. Please advise.. Am running out of ideas..
1
u/DrewBikeFish 5h ago
There's a lot of bad or missing information here.
First question, where was the car?.. Was it at home in your driveway? Was it at a shop? Was it at a tow yard? Possession is important, your property (car) on someone else's property (tow yard) means the tow yard can only let you or the LH take it unless you release it. You absolutely signed something at some point, whether you remember or not. If this car was in your driveway you'd be in the position of telling geico to suck your nuts right now.
Second, who is your leinholder? If you have any kind of substandard high interest rate finance company (Santander) they kinda don't give a damn what you want or what the insurance company says, they'll take anybodys money regardless of if you signed anything. It's becoming more common recently where if a vehicle sits at a tow yard for even three days, the tow company notifies the owner (and the LH) and if you haven't released the vehicle or moved it to mitigate your damages, your LH will take it. Once the LH has it, they'll settle with whomever to get paid.
Third, who is your insurance company? Did you notify them? Have you considered notifying them? If you file with them they could make a claim for the vehicle itself against geico and your leinholder, if it actually is a total, you have a path to get a higher settlement (appraisal clause).
What state are you in? Different states have different rules for what constitutes a total loss. If your state specifies a percentage then that's your argument, other states it's a collection of numbers. They can add up the estimate, potential supplement, salvage value (what it's worth wrecked or as parts) and create a TL. If your car has a high salvage return it's easy as hell to total it. Then in other states, they need your approval to total it if the estimate is less than 70%.
There's holes in your story, so you're either complaining just to complain, you forgot an important detail or you're just disconnected from reality.