Hello. I apologize in advance for the length of this message, but due to how long this situation has been going on and the complexity, it feels necessary to communicate my predicament in detail and start from the very beginning.
I am Located in Louisiana. In March of this year, I was rear-ended while in heavy traffic by the owner/operator of a local business while he was driving his commercial work truck. I’ll refer to the other driver as “B”. I was sitting in traffic, waiting for the light to change. As the light turned green and I began to slowly accelerate to follow the flow of traffic, B accelerated into my vehicle from behind very suddenly and with great force. No other cars were involved and after waiting for a break in traffic, we moved to park along a side street where it was safe to exit our vehicles and assess the situation. No one was physically injured and we were both able to drive away at the end of it all.
When the accident occurred, I was en route to my home where my partner was waiting for me with a packed car so we could begin a 3 hour drive to a weekend workshop that we had been planning to attend for several months. Due to the time constraint that I was under, I’ll admit that my next biggest concern after confirming that no one was injured, was that if I had to wait for the police to make a report, the workshop was not going to be happening.
I asked B if he wanted to wait for the police. His response amounted to "not really, but I will if that’s what you would prefer” due to the lengthy police response time for non-emergencies (often 6-8 hours in my city). To be safe, I called my insurance company. My insurance company said that it would be okay to not wait for police/file a report, as long as I took pictures of our vehicles and his insurance card. B was being incredibly civil and even amicable throughout the ordeal, which I appreciated. He admitted fault immediately, showed concern and provided his insurance card for me to photograph. After taking photos of our vehicles and exchanging information, we parted ways.
I arrived home, quite shaken and a little sore, but eager to just get on the road so that we could make it to our destination in time, as we were already 2 hours behind. Before leaving, I did take the time to call my insurance company and file a claim. I have liability and uninsured driver coverage through Progressive. Afterwards, we left for the workshop, just wanting to enjoy our plans, in spite of the stressful events of the day. I took some ibuprofen but suffered no physical injuries other than a slight headache and minor neck/shoulder soreness that night and the day after.
B’s insurance (Geico) followed up not long after the accident (I believe it was the following week). I filed my claim with them, submitted the photos I had taken and scheduled an appointment with a Geico claims adjuster to have the damages to my vehicle assessed on April 4th. The net cost of repairs was $2,032.51. However, the estimate was not approved to pay at the time of inspection. There was a note on the paperwork consisting of: “Contact liability adjuster prior to starting repairs to ensure approved to be paid.”
On April 24th, I received a letter from Geico stating that additional information was needed and requesting that I contact their commercial claims department. The letter included a list the details needed. I contacted Geico, provided the additional information (all of which I had already given when Ifiled my claim originally), as well as submitting photos from the accident a 2ndtime. At this time, I was also informed that they had not once been contacted by or been able to get in contact with B in regards to the accident.Being perhaps too accommodating, I waited, assuming that surely B would contact his insurance company soon and I would be able to get the damages to my vehicle repaired.
On April 26th, I received another letter from Geico stating that they were “currently investigating a coverage issue under a Reservation of Rights” that may or may not affect my claim. They then recommended that I file damages with my insurance until they complete their investigation. I hadalready filed the claim with my insurance, but I called and updated them on the situation anyway. They said that they were not able to cover damages to my vehicle and that essentially it was up to Geico. I have no idea if this is normal or not. Frustrated and worried, I decided to try and contact B myself.
On May 8, after trying to call his business (voicemail was full) and reach him by his business email, I found and reached out B on Facebook. He replied the very next day, apologized, stated that he’d been dealing with a family emergency and said he would contact Geico. I responded in kind, but heard nothing else. Immediately after our exchange on Facebook, I called Geico to let them know that I had been able to contact B. They instructed me to submit screenshots of my exchange with him which I promptly did. I received no further replies from B, and as far as I know he still has not contacted his insurance company.
Since then, I have not heard from Geico or B. I am concerned because when I last spoke to Geico, I asked them what would happen if Mr. Balli never contacted them. They said that, unless he contacts them to verify the claim or I provide additional evidence (apparently my photos are not sufficient), thatmy claim would be denied.
My question is this: is there anything I can do to take control of this situation or am I just at the mercy of B and his insurance company. Geico said that my documented exchange likely would not be able to prove that the accident happened. Some knowledgeable friends (one of whom is a lawyer) said I should consider taking legal action against Geico. Another friend who went through a very similar experience suggested I first mention this to Geico to see if they will simply fold to avoid dealing with a lawsuit. How likely is that to happen vs I have to follow through and hire a lawyer? I am perfectly willing to consult a lawyer and already have a detailed account prepared to send them, but mainly I would just like to resolve this whole thing as quickly and painlessly as possible.
I am Located in Louisiana. In March of this year, I was rear-ended while in heavy traffic by the owner/operator of a local business while he was driving his commercial work truck. I’ll refer to the other driver as “B”. I was sitting in traffic, waiting for the light to change. As the light turned green and I began to slowly accelerate to follow the flow of traffic, B accelerated into my vehicle from behind very suddenly and with great force. No other cars were involved and after waiting for a break in traffic, we moved to park along a side street where it was safe to exit our vehicles and assess the situation. No one was physically injured and we were both able to drive away at the end of it all.
When the accident occurred, I was en route to my home where my partner was waiting for me with a packed car so we could begin a 3 hour drive to a weekend workshop that we had been planning to attend for several months. Due to the time constraint that I was under, I’ll admit that my next biggest concern after confirming that no one was injured, was that if I had to wait for the police to make a report, the workshop was not going to be happening.
I asked B if he wanted to wait for the police. His response amounted to "not really, but I will if that’s what you would prefer” due to the lengthy police response time for non-emergencies (often 6-8 hours in my city). To be safe, I called my insurance company. My insurance company said that it would be okay to not wait for police/file a report, as long as I took pictures of our vehicles and his insurance card. B was being incredibly civil and even amicable throughout the ordeal, which I appreciated. He admitted fault immediately, showed concern and provided his insurance card for me to photograph. After taking photos of our vehicles and exchanging information, we parted ways.
I arrived home, quite shaken and a little sore, but eager to just get on the road so that we could make it to our destination in time, as we were already 2 hours behind. Before leaving, I did take the time to call my insurance company and file a claim. I have liability and uninsured driver coverage through Progressive. Afterwards, we left for the workshop, just wanting to enjoy our plans, in spite of the stressful events of the day. I took some ibuprofen but suffered no physical injuries other than a slight headache and minor neck/shoulder soreness that night and the day after.
B’s insurance (Geico) followed up not long after the accident (I believe it was the following week). I filed my claim with them, submitted the photos I had taken and scheduled an appointment with a Geico claims adjuster to have the damages to my vehicle assessed on April 4th. The net cost of repairs was $2,032.51. However, the estimate was not approved to pay at the time of inspection. There was a note on the paperwork consisting of: “Contact liability adjuster prior to starting repairs to ensure approved to be paid.”
On April 24th, I received a letter from Geico stating that additional information was needed and requesting that I contact their commercial claims department. The letter included a list the details needed. I contacted Geico, provided the additional information (all of which I had already given when Ifiled my claim originally), as well as submitting photos from the accident a 2ndtime. At this time, I was also informed that they had not once been contacted by or been able to get in contact with B in regards to the accident.Being perhaps too accommodating, I waited, assuming that surely B would contact his insurance company soon and I would be able to get the damages to my vehicle repaired.
On April 26th, I received another letter from Geico stating that they were “currently investigating a coverage issue under a Reservation of Rights” that may or may not affect my claim. They then recommended that I file damages with my insurance until they complete their investigation. I hadalready filed the claim with my insurance, but I called and updated them on the situation anyway. They said that they were not able to cover damages to my vehicle and that essentially it was up to Geico. I have no idea if this is normal or not. Frustrated and worried, I decided to try and contact B myself.
On May 8, after trying to call his business (voicemail was full) and reach him by his business email, I found and reached out B on Facebook. He replied the very next day, apologized, stated that he’d been dealing with a family emergency and said he would contact Geico. I responded in kind, but heard nothing else. Immediately after our exchange on Facebook, I called Geico to let them know that I had been able to contact B. They instructed me to submit screenshots of my exchange with him which I promptly did. I received no further replies from B, and as far as I know he still has not contacted his insurance company.
Since then, I have not heard from Geico or B. I am concerned because when I last spoke to Geico, I asked them what would happen if Mr. Balli never contacted them. They said that, unless he contacts them to verify the claim or I provide additional evidence (apparently my photos are not sufficient), thatmy claim would be denied.
My question is this: is there anything I can do to take control of this situation or am I just at the mercy of B and his insurance company. Geico said that my documented exchange likely would not be able to prove that the accident happened. Some knowledgeable friends (one of whom is a lawyer) said I should consider taking legal action against Geico. Another friend who went through a very similar experience suggested I first mention this to Geico to see if they will simply fold to avoid dealing with a lawsuit. How likely is that to happen vs I have to follow through and hire a lawyer? I am perfectly willing to consult a lawyer and already have a detailed account prepared to send them, but mainly I would just like to resolve this whole thing as quickly and painlessly as possible.