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Husband was involved in an auto accident 2 years ago. Geico wont settle.

Brooklyn, NY |

Husband was involved in an auto accident 2 years ago. Young girl ran out in front of his car. Police were called, no citation as he was not at fault. He has a bodily injury liability of $300k with Geico. Geico say they cannot reach a settlement and that the plaintiffs lawyer is coming after him, with particular reference to the small business that he owns. Where do we stand?

Attorney Answers 7


  1. Seek the advise of independent counsel. Your insurance carrier will provide you with a defense attorney , but, you should talk with your own attorney. Hopefully, your independent attorney can protect your interests.


  2. Sounds like the Gekko is up to their usual shennighans. Contact an attorney who is qualified in handling personal injury cases. Doesn't really matter if the attorney usually represents plaintiffs or defendants, so long knows the litigation process. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com


  3. If and when you receive suit papers, turn them over to GEICO. They will assign counsel and provide a defense.

    Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.


  4. You could be on the hook for any judgment in excess of the policy limits. Hire a personal lawyer to represent your interests.

    The information provided herein is for information purposes only and is based on the limited information provided. Any information provided is not intended to, and does not, create any attorney/client relationship where none exists.


  5. If the case is not settled, it will go to trial. If the verdict exceeds the policy, you can appeal it, and most likely settle within the policy limits. However, you could be responsible for the excess.

    I always advise my clients to get an umbrella policy up to 1 million, which only costs a marginal amount, and it protects your assets to this point.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  6. When you are served with the summons and complaint then notify GEICO ASAP. They will appoint an attorney to represent him. GEICO has a good faith duty to settle this claim within the policy limits.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


  7. Under your insurance policy Geico has an obligation to provide you a defense and indemnification up to your limits above $300,000. Any award or judgment in excess of that amount would be the responsibility of your husband. The primary issue for you to be concerned about is the severity of the infant plaintiff's injuries and whether or not there is a chance the case is worth more than the insurance coverage. Geico must attempt to resolve the case within the policy limit if there is sufficient evidence to support the claim. Based on your statement that your husband was not at fault, it would appear there is a strong defense to the case. However these type of accidents will usually require a trial to decide fault.
    After you are assigned an attorney you have the right to sit down with that individual and to have an analysis provided. You also have the option, at your own expense, to have personal counsel get involved and to put pressure to get the matter resolved. Although there may be good defenses available, you must weigh the risk of what a jury may potentially do with the case. Personal counsel is not weighed down by having a relationship with Geico and can be a more vigorous advocate in protecting your husband and your assets.

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