First, Maryland has a three year statute of limitations. If the accident happened in Maryland, you can sue the at-fault driver up to three years after the accident. Second, if your new car was totaled, they should be paying more than $800.00. Was it a used car? On the date of the accident, what was the car worth? You are entitled to the fair market value of the car, plus sales tax (6%)and tags.
You can negotiate the total loss offer by pointing out omissions in the insurance company evaluation and providing evidence of the higher value. This is easier to do right after the accident happened by looking at similar vehicles for sale at www.cars.com, but is more difficult to do two years later since cars depreciate over time.
You can consult with an attorney to see if the insurance company is treating you fairly and if there are any other options. Good luck to you!
This answer is being given for general informational purposes only and is not protected by the attorney-client privilege since this is a public forum. The information provided does not create an attorney-client relationship. No communications with me on this forum shall be construed as arising out of an attorney-client relationship. If a client needs specific legal advice or opinions, he or she should retain counsel for advice or to undertake representation.
The $800 offer you are talking about is obviously for the personal injury side of the claim, payable under the at-fault driver's policy. It is not uncommon for an insurance company to offer $1,000 right after an accident, hoping the injured party takes it and forecloses a future claim for more. It is also offered so as to close out the possibility of a claim even when the person is not claiming injuries. You can bet Geico closed out their file on this claim almost two years ago. They may or may not offer to settle the claim at this point, or may demand that you provide the medical reports and bills which support the claim of injury. If you have none, they could decline to offer you anything. Of course, it is worth a try. The worst that can happen is they turn you down or offer less. If you had any lost wages, or any other out-of-pocket expense, and can document that, then add those to boost the value of your claim. Good luck.
Sign up to receive a 3-part series of useful information and advice about personal injury law.