by JKGeneva » Mon Jan 31, 2011 12:01 am
I was in an accident and received a citation for failure to yield. The other driver had no lights on, I didn't see him when I entered the intersection (2-way stop sign). I was almost all the way thru the intersection, when he hit my passenger rear area.. spun me around.. both cars were totalled. I was not hurt, and neither was he, or so I was told by the officers at the scene. We both have Geico Insurance... my coverage is 100/300/100. I just received a letter from a law firm saying that they are representing the other guy. Geico placed blame for the accident on both of us, even though I received the citation. Why would this guy be getting a lawyer if I have pretty good coverage?.. Should I get a lawyer at this point?.. I have not been summoned to court.. the letter was 2 paragraphs saying they have a lien interest in any settlement, whatever than means... Also, my court date is coming up.. should I get a lawyer to represent me in court, and should I plead not-guilty??.. I've never been in an accident before, and this is all new to me. Thanks
Posted: Mon Jan 31, 2011 12:30 am Post Subject:
Why would this guy be getting a lawyer if I have pretty good coverage?.
Because that is what you do... haven't you seen the commercials? Before you do anything, you hire (pay) and attorney to handle the matter for you. Some people think you have to hire an attorney to get paid anything on a claim. Some people think that they will get paid more if the hire an attorney. Your adjuster is placing partial blame on the other person which will probably reduce the amount the other person can collect or will negate that claim completely. An attorney can press the issue and even file suit if they want.Should I get a lawyer at this point?
You can if you want... but you will need to pay that attorney out of your own pocket. Your adjuster will handle the matter and make every attempt to settle the claim for within your policy limits. If the other person files suit, GEICO will provide you an attorney (of their choice). This does not stop you from hiring your own attorney at any point.Also, my court date is coming up.. should I get a lawyer to represent me in court, and should I plead not-guilty??
See above on the attorney... it's up to you. Your pleading is up to you as well. In many states if you are found guilty of a citation this can be used to show you were at fault in an accident.Posted: Sat Feb 05, 2011 10:23 am Post Subject:
I agree with everything tcope says. "it's up to you" may be a frustrating answer, but an insurance agent can not give out legal advice.
the answers to a lot of your questions depend entirely on which state this accident occurred in. without speaking of the legal aspects, you can still find helpful information on here from an agent's perspective. but you need to tell which state this happened in to get any real help at all.
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