by rwest » Mon Aug 09, 2010 11:15 pm
Hi, I am a out of state resident and I have filed a claim against Geico who's driver was 100% at fault. I have spoken with several attorney's who all agree that I have a great case for negligence, diminished value, loss of use and reimbursement for time and expenses. Does anyone have a recomendation for a great Florida attorney who handles these types of cases?
Posted: Tue Aug 10, 2010 12:44 am Post Subject:
Of course all those attorneys did tell you that you have a good case. Why wouldn't they? Why do you think you need an attorney? What you have stated can easily be obtained without one. You didn't state that you were injured. Were you? If not, and you still want to hire an attorney, just remember that they will take at least 33% of what you are awarded.
Posted: Tue Aug 10, 2010 01:52 am Post Subject:
To hire an attorney to handle a property damage claims will be tough. Most won't even take the case as it would require them to charge you an hourly fee and they can make tons more money on an injury claim (as 33% of an injury settlement for a few hours work is a lot of money).
Question... why do you think that you won't be able to collect on your own. If its such a good case (as you've been told) then they should be willing to pay, no problem. You can easily collect for the damages and rental. Most adjusters will not pay diminished of value in FL and I'm not sure why you would have loss of "time and expenses".
Posted: Tue Aug 10, 2010 08:51 pm Post Subject: Additional details
Yes there was injuries sustained and we have an injury attorney who does not practice in the area of property damage. I am seeking expenses because it has been two months and I have not received my vehicle back yet. It took Geico 21 days to rule thier insured at fault even with a full accident investigation by the police and Geico's driver receiving a careless driving citation. I received a rental car on the 26th day. I have spent time over 73 phone calls and 13 trips across town to deal with this accident. Not very proffessional to say the least. According to FL state statues Geico is responsible to pay for the 26 days of (loss of use) rental price, diminished value, and expenses (any charges, fee's, cost associated with the MVA).
Posted: Tue Aug 10, 2010 09:35 pm Post Subject:
Yes there was injuries sustained and we have an injury attorney who does not practice in the area of property damage.
Which is what you will find industry wide... attorneys won't handle property damage as there is little to no money in it for them. They would rather take another injury claim then to work on a property damage claim. Attorneys are in business to make money... period.I am seeking expenses because it has been two months and I have not received my vehicle back yet.
But you also mentioned asking for rental payment. They should be providing you a rental or loss of use. As such (or if so), you'd not have any additional expense while your vehicle was being repaired.It took Geico 21 days to rule thier insured at fault even with a full accident investigation by the police and Geico's driver receiving a careless driving citation.
Yes, sometimes this happens. There are two sides to every story and the police are not judges. This is one reason why its good to carry collision coverage... it's to protect you in the case of an accident. If GEICO has now accepted liability, they owe you loss of use for those 21 days.According to FL state statues Geico is responsible to pay for the 26 days of (loss of use) rental price, diminished value, and expenses (any charges, fee's, cost associated with the MVA).
Please feel free to point out the FL statute that states they owe diminished value. I'll save you some time... it does not exist. What "expenses do you have that are not related to loss of use? Why the 13 trips across town?Here is the bottom line I sometimes need to fall back onto as an adjuster... the injured party has the duty to prove that the other person was liable. While the insurance company conducts their own investigation, it's not their responsibility to prove their insured was at fault. Granted, its in their best interest to do this as the alternative is a lawsuit. Most of the times these investigations take a few days at the most but sometimes they do take longer.
Add your comment