Call your carrier and let them sort this out.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
You should speak with a lawyer, before speaking with the insurance company. If your main concern is property damage, Geico will pay regardless of DL issue. As to giving you real advice, too many questions to ask you in order to give you REAL advice.
Here are my two cents, based on what you posted. You are the insured owner of a vehicle that was damaged by someone else's negligent driving. On that issue alone, GEICO should pay for your repairs or actual cash value, if totaled.
On the issue of the 19 year old being charged with anything, that is between the police and the 19 year old. You can't prevent it; and you can't make it happen. It's a police / state attorney decision.
On the issue of the 19 year old being injured by the GEICO vehicle, there is grounds for a personal injury case there by the 19 year old against the GEICO car owner and driver. Driving without a license is an administrative issue, and not evidence of negligence on the part of the 19 year old. The other driver ran the stop sign and caused injury. That's the case.
To the extent that the 19 year old was negligent, it cuts into her recovery; but you should be protected, as the owner, because you did not permit that 19 year old to operate your car.
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The lack of a driver's license has no bearing on liability. Assuming the other party is responsible for running a stop sign, their carrier, GEICO, should reimburse you for the retail value of your vehicle, assuming the other party has purchased property damage coverage.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
This ans. does not create an attorney/client relationship.
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