by britincharma » Tue Oct 14, 2008 08:16 pm
My family of 3 (including our baby) were hit by an unidentified vehicle in Baltimore MD on 8/18. We flipped, skidded and almost caught fire, but everyone is (unbelievably) basically OK. I have PT that may turn into "serious injury". We are NY insured, for the bare minimum required, as we are scraping by as it is. UM coverage only extended to NY accidents. I have several questions that hopefully, maybe someone here could answer, as the NYS Ins. Dept. seems to be taking GEICO's cue as to what should be done. MD State agencies will not help us since we are not MD residents. Geico is paying PIP. Questions:
1) The first adjuster we first spoke to, when I asked pointedly, stated that we were definitely going to be offered a settlement and that another adjuster would be calling in one to 2 days to offer it (at least on part of the claim since I am continuing to be seen). The second adjuster negated that statement, saying we only were covered for the territory of NY in the case of UM and since there's no proof of "serious bodily injury" they wouldn't pay for non-economic damages anyway, or offer any kind of settlement. The higher ups of course claim that the first adjuster's statement can't really be verified and they apologized (like I could hang a letter on my wall for comfort), then said they would counsel her. Don't they have an obligation to stand by what their adjuster said?
2) Article 51, sect. 5103e says that if an accident happens in another state, Geico must pay the minimum auto liability required in that state. GEICO contends that MD doesn't require ALL vehicles traveling through the state to carry min. auto liab., just registered residents. The car who hit us definitely had MD plates according to the witness, from whom they have taken a statement verifying that. The UM coverage in MD is much more favorable to us.
The complaint is in limbo w/ the state ins. dept. They are relying on cherry picked MD statutes, supplied to them by GEICO, to guide their internal debate and have told me that even if they decide in my favor, GEICO doesn't have to comply - the decision is not binding but it could help me in court.
Can't get a lawyer yet because I don't know if I meet the serious bodily injury time threshold yet. Believe me, I've tried. I wrote to newspapers (seeking info about the accident and to a local NY newspaper advocate), I blogged for info locally, badgered the MSP to keep investigating, I'm helping freaking GEICO investigate the accident because no one else is, that's for sure. I'm spending hours researching the laws but I'm no lawyer and at this point, I'm past being able to understand everything I am reading.
We were almost killed. The laws are supposed to cover us not getting screwed, right? Right?
Please, experts, weigh in.
Many thanks,
The Fosters
1) The first adjuster we first spoke to, when I asked pointedly, stated that we were definitely going to be offered a settlement and that another adjuster would be calling in one to 2 days to offer it (at least on part of the claim since I am continuing to be seen). The second adjuster negated that statement, saying we only were covered for the territory of NY in the case of UM and since there's no proof of "serious bodily injury" they wouldn't pay for non-economic damages anyway, or offer any kind of settlement. The higher ups of course claim that the first adjuster's statement can't really be verified and they apologized (like I could hang a letter on my wall for comfort), then said they would counsel her. Don't they have an obligation to stand by what their adjuster said?
2) Article 51, sect. 5103e says that if an accident happens in another state, Geico must pay the minimum auto liability required in that state. GEICO contends that MD doesn't require ALL vehicles traveling through the state to carry min. auto liab., just registered residents. The car who hit us definitely had MD plates according to the witness, from whom they have taken a statement verifying that. The UM coverage in MD is much more favorable to us.
The complaint is in limbo w/ the state ins. dept. They are relying on cherry picked MD statutes, supplied to them by GEICO, to guide their internal debate and have told me that even if they decide in my favor, GEICO doesn't have to comply - the decision is not binding but it could help me in court.
Can't get a lawyer yet because I don't know if I meet the serious bodily injury time threshold yet. Believe me, I've tried. I wrote to newspapers (seeking info about the accident and to a local NY newspaper advocate), I blogged for info locally, badgered the MSP to keep investigating, I'm helping freaking GEICO investigate the accident because no one else is, that's for sure. I'm spending hours researching the laws but I'm no lawyer and at this point, I'm past being able to understand everything I am reading.
We were almost killed. The laws are supposed to cover us not getting screwed, right? Right?
Please, experts, weigh in.
Many thanks,
The Fosters
Posted: Tue Oct 14, 2008 09:49 pm Post Subject: Additionally -
The accident was ruled a "no-fault, total loss". Forgot to mention that - we were definitely deemed not at fault.
Posted: Thu Oct 16, 2008 08:58 am Post Subject:
Hi britincharma, the experts will soon be around with help, and for the time being just keep the hopes alive.
However, as far my knowledge goes, Maryland is not a no-fault state, rather it falls under the category of Comparative/Contributory Negligence , which implies that the injured party will not be entitled to receive any compensation under the policy of the other driver if he/she has even contributed to the slightest in the accident.
If your UM coverage is only limited to NY then you may not receive compensation from your insurer as well. However, you can file for the medical injuries with your health insurance provider. The health policy will cover the medical expenses.
Posted: Thu Oct 16, 2008 06:38 pm Post Subject: Reply to your reply :)
We did not contribute, in the slightest, to the accident (as iterated in the police report and accepted by Geico). The other vehicle, as I understand, should be considered under UM since they definitely hit us (statement by witness confirms, as well as the huge dent on driver's side of the bus, the side that didn't slide across the highway and almost the only damage on that side. I forgot to mention, we were on I-95 N near Laurel/Columbia/Jessup/Howard County General.
So there's no dispute as to fault, and the other vehicle can't be located as of yet. We're checking abandoned vehicles in Howard and other counties, checking DUI sweeps done near that date in Howard and other counties, we requested the police send a request for info about the accident to the media (they did, once I politely coerced them) the day after the accident, we are getting the EMT report for dispatcher's remarks and anything else we can think of to identify the car, but there's little hope. The cop at the scene told us we were SOL and I sincerely hope that's not going to be the case w/ Geico. Berkshire Hathaway made, what $700 B in profits last year, mostly from Geico's premiums - I think they can afford to follow the law and pay us minimum MD UM.
Our PIP coverage is up to $50K - we're fine on that. I thought that if I don't have anyone else from whom to claim for other damages (BI, Pain and Suffering, Property Damage), then I sue my own insurance company and they subrogate (the investigation into the accident, by Geico, is after all, still open). Haven't they at least prematurely denied the UM part claim?
There are terms whose applicability (or non-applicability) I don't understand in relation to our case, like: reciprocity, long arm statutes, choice of law, extraterritorial.
Is my NY policy limiting coverage only to NY for UM contrary to MD strong public policy, the situs of the accident? MD statues call for 20/40/15 UM. Aren't we supposed to be compensated as if they other driver could be identified? The hit and runner definitely had MD plates.
Thank you for your reply. I'm really looking forward to reading others. I'll be happy to clarify anything I can. Our family really appreciates everyone's help.
Best,
BC
Posted: Fri Oct 24, 2008 06:39 pm Post Subject:
Please contact me as I am a New York attorney that might be able to help with this case. Sounds like GEIOC is feeding you false info
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