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Why is this car accident taking so long? Help please!

Dallas, TX |

Mid January of this year Rob was hit by another driver speeding thru a red light. I myself herd the guy say thay he "Spaced Out" & thats why he hit Rob. By a miracle Rob wasnt hurt at all but the car was totaled by Geico. My questions are why does Geico need a Power of Attorney? I understand TX is a no fault but why is Rob being treated like it his fault? Why do you have to be injured to get an attorney in TX?

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Attorney answers 4

Posted

Geico probably needs a power of attorney to deal with the car title. Why don't you ask them why they need a power of attorney form?

Attorneys need to make a living so if you're willing to pay someone a couple hundred bucks an hour for working with you, I am sure the line of attorneys that would want to help would be quite long.

Good luck!

Dan

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.

Asker

Posted

Thank you Dan. Just so you kniw we are NOT from TX. Everyones been asked questions & nothing. Sure anyone can pay an attorney but theres no attorneys to help just for advice.

Posted

If the car was totaled, a power of attorney would be necessary to deal with the car title and ownership. Unless Geico is explaining to you another reason for the need of a power of attorney, this is my best guess.

You don't have to be injured to get an attorney. What it sounds like you want is an attorney to work on a contingency basis (no payment up front). But in property damage only cases, a claimant such as yourself would not be able to recover attorney's fees under Texas law and thus the hourly fee to pay the attorney would be taken out of the amount recovered for the vehicle or out of your own pocket. The financial dynamics of a property damage only case does not benefit either the attorney or you to take these types of cases on an hourly basis (you'd pay the attorney more than you may recover).

That said, it may be a wise idea to pay an attorney for an hour of his/her time to get guidance on how to handle your situation, review the documents, and advise you on what to do. And there are many attorneys who would agree to this arrangement.

Best of luck.

Donivan Flowers is a licensed attorney in the State of Texas only. The answers provided in this forum are for informational purposes only and may not be used as legal advice. No attorney client relationship is reached with this lawyer by virtue of this website. To learn more about this lawyer, go to www.flowers-law.com

Posted

The power of attorney is necessary do that the insurance company can handle any,title issues with the DMV after your property damage claim is settled. As to why it,is taking so long, I suggest calling the claims adjuster to find out what the hold up is, hopefully the other side is not disputing liability but the only way to know is to call. One word of caution, please make sure rob is not injured in any way before communication with the insurance company. Sometimes injuries make take time to present themselves.. If he is injured hire a lawyer ASAP and do not call the insurance company. Let the lawyer do that for you.

Posted

GEICO needs a power of attorney to deal with the legal title to the vehicle. When they settle on a property reimbursement price they are effectively buying the vehicle unless the claimant wants to take a lesser offer and keep the salvage.

You do not have to be injured to get an attorney, but unfortunately that event is usually when an attorney is the most useful to the victim of the accident. Insurance companies will try to get out of the claim as cheap as possible while an attorney will fight to get the most possible for his or her client.

Asker

Posted

No one bothered to sell us GAP insurance or even tell us about it. Since our car is destroyed are we just stuck paying off what Gieco will not cover or is there another way to get the remaining balance paid off?

Grant Kevin Gerleman

Grant Kevin Gerleman

Posted

Insurance companies are only legally required to pay the fair market value of the vehicle at the time of the accident. Unfortunately vehicles depreciate quickly so that amount may be less than what you still owe on the vehicle. To answer your question, yes, you will have to pay off any financing that was on the vehicle. One thing you can do is to look at the comparison models that GEICO used and averaged the prices of to determine the fair market value of your vehicle. You should make sure that the comparison vehicles have the same make, model, mileage, condition, etc. as your totaled vehicle. You could also do your own research and find similar vehicles that are going for higher prices within your area to submit as examples to GEICO. Property damage calculations are usually mathematical, but there is some wiggle room, especially if the insurance company assigned a subjective "adjustment value" for any difference between their examples and your vehicle prior to the accident (ex: their example has a poor exterior condition, your vehicle had a good exterior condition, and they only added $200 to the price of the example as an "adjustment"). Doing this could get you a better settlement offer. Another thing you may do is to contact your finance provider to have your loan's collateral switched over to your new vehicle. This could save you from having to pay off the entire remaining balance of your loan immediately as opposed to using the payment structure that you were using prior to the accident.

Asker

Posted

Thank You So Very Much! <3

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