It's unfortunate but this occurred the next night do to the snow fall. They are now asking for previous insurance policy numbers and phone records. I never thought the the company I hired(Geico) to protect me from things like this would potentially treat me as if I am the criminal. What are my rights and do I need an attorney? I mean should I wait to see what happens? Am I responsible for providing the burden of proof?( I only have evidence of a fast food drive through I was at shortly before). No one was hurt and I thought it was a minor fender bender so there is no police report.
Personal Injury Lawyer
Consult with a local insurance bad faith lawyer. This is a lawyer with special knowledge about the obligations insurers owe their insureds.
Many insurers have a internal unit - often referred to as a Special Investigations Unit (SIU) where certain types of claims are sent for investigation. I don't know if your claim has been sent to that unit.
A good lawyer will know how to deal with the SIU and help you with your claim. Good luck.
Car / Auto Accident Lawyer
I certainly understand how you feel. This insurance company like all others are out to make money. They don't make anything or really sell anything "tangible." They make money by taking in premium dollars (and investing that money) and not paying any out. They want to sell a policy and never have a claim on it. (Ultimately you want that also.) You turned out to be a nightmare for them. They took your money hoping to keep it, invest it and never pay you or anyone else on it. Instead right after they take your money, you make a claim!!!
They will have to pay you and depending on the circumstances of what they are doing and how long it takes for them to get this right, you may have a bad faith claim to bring. I recommend you consult with a personal injury lawyer that handles insurance bad faith claims. Some personal injury lawyers "dabble" in bad faith claims. I suggest you find someone who actively pursues these claims as a significant part of their practice.
If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.
Look for an insurance bad faith attorney here on Avvo with the Find a Lawyer tool and do not talk with the insurance company further. Have all communications come from your attorney.
The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.
Best bet is to get representation from a local insurance lawyer to battle it out with the company.
It may shock you to hear, but sometimes people drive without insurance and have an accident and then they go out and get insurance and claim that the accident actually happened a few days after it actually did so that the insurance will cover the damage. Given the unlucky timing of the accident, Geico wants to ensure that is not what happened in your case.
They want to know if you had similar coverage through another company before switching to Geico because that would show that their concerns are unfounded. If you had insurance coverage that would have covered this, there would be no reason for you to delay reporting the accident just so you could switch insurance and stick Geico with the bill.
You are responsible for cooperating with the insurance company if you want them to pay the claim. That is doubtless part of your policy language. If you do not cooperate, then they do not need to pay the claim.
Once the insurance company is satisfied that the information you reported is correct, they should pay the claim. They have a duty to act in good faith. If they act unreasonably in denying the claim, you should take to an attorney about pursuing a bad faith claim against the company.
You can reach Harkess & Salter LLC by phone or email. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
Personal Injury Lawyer
Insurance companies generally have very broad rights in investigating a claim, and most likely there is a clause that calls for your full cooperation. If you fail to do so - such as not supplying requested information - GEICO may be able to deny your claim without ever judging it on the merits. You should read your policy very carefully. Your your state government should have some type of Department of Insurance that may assist you. Unless this is a claim for a lot of money, you will probable spend more on an attorney than resolving it with GEICO directly. A word to the wise - while GEICO, Progressive, etc. may be cheaper because they are online and there aren't any agents, this is the kind of stuff they pull. If you buy insurance though an "old school" company, you would have been able to take the claim to your friendly neighborhood agent who probably could have taken care of this for you. CAVEAT EMPTOR