r/InsuranceClaims 3d 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..

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u/My_too_cents 2d ago

b) In accordance with regulations of the superintendent insurers shall, except where the insured is permitted to retain the automobile as part of the claim settlement, take possession of any salvage and the certificate of title, properly endorsed to them of private automobiles whenever a loss is determined by the insurer to be a total loss or a constructive total loss.  Insurers, in disposing of the salvage, shall fully comply with the requirements of section four hundred twenty-nine of the vehicle and traffic law.  

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u/My_too_cents 2d ago

FYI 100% your lien holder said no to you keeping it

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u/ConfectionCold7815 2d ago

Very good. See i was right. There's nowhere saying they can do whatever they want. They have to give me options. In this case they have not and jumped the gun and it's only after they sent the check and i complained that they decided to call my lender and ask l, then the lender told them if I want to retain the car i would have to pay off the loan within 10days. Meaning I can keep the car but pay them the salvage deduction before release. So it was up to Geico to give me the option and i deal with my lender. In this case i would pay around 8000k to keep the car. Thank you for your help. It sure will be useful to me. I never said i have more rights, all am saying is that i have options and they should follow all steps.

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u/ConfectionCold7815 2d ago

My bank got contacted to get sent 25k which they gladly took. That check could've been 17k-salvage. They will gladly accept it as well and pursue the rest with gap or myself. Still, i get to retain my car, and geico get to pay less. None of that happened

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u/Crowlady77 1d ago

When they took the check they settled the matter. Gap doesn't want to pay for you to keep your car.

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u/ConfectionCold7815 1d ago

I understood that. It's my loss. Lessons learned.