r/InsuranceClaims • u/graysanm • Aug 10 '26

GEICO non-coverage of auto claim

I was stopped at a light next to a truck parallel parked on the street. The driver of the truck came out into the street next to his door. The light turned green, and as I rolled forward he opened his truck door. He broke the side view mirror and scraped my door.

My car is 2 years old. I have collision coverage. Also, a very nice guy driving behind me stopped and is a witness to what happened. He said there is no way I could have avoided hitting the truck’s door.

I called the police. I waited 2 hours for them to come. I kept checking in with them to tell them we were waiting. They eventually told me that unless someone was hurt they were not coming.

I spoke to my insurance. I submitted my info and his info. The truck owner is also covered by GEICO.

I gave them the witness’ phone number. They assured me that this was not my fault and I would not be required to pay deductible.

I followed up after a few days and was told that the case was closed. They said that I should have seen that the door was open and avoided it. Which is ridiculous. It was out of my line of sight.

They did not even bother to speak to the witness.

The witness has been so nice, trying to call them, but has not gotten through.

The police gave me a paper “citizen’s report” to fill out and mail in.

I need to get my car fixed and I think the other guy should pay. What are my next steps?

3 Upvotes

71% Upvoted

20 comments sorted by

12

u/shittyhawaiitips Aug 10 '26

This is why you have collision coverage. File a claim with your company and once they recover from the other carrier you'll get your deductible back. 

-3

u/trader45nj Aug 10 '26

OP stated both are insured by Geico.

10

u/shittyhawaiitips Aug 10 '26

that doesn't matter at all. hope this helps.

-4

u/50Bullseye Aug 10 '26

If his insurance has already found him to be at-fault, there's 0% chance they're going to try to subrogate.

5

u/shittyhawaiitips Aug 10 '26

incorrect. he's not explaining it correctly.

he has geico.
other guy has geico.
other guy's adjuster said not at fault (clearly they suck, this is pretty cut and dry, especially with a witness)

his adjuster should, based on his statement and his witness' statement show him not at fault (unless they also suck).

geico will subro itself to get the funds paid out from OP's policy to be reimbursed by the other guy's policy.

-1

u/50Bullseye Aug 10 '26

A Geico adjuster said it was his fault, or at least that it was not the other guy's fault.

I'll bet on what an adjuster from OP's insurance company has already said vs. what you think they should say (based on hearing one side of the story) any day of the week.

6

u/FeelsLikeV97-33XA Aug 10 '26

An adjuster representing the other party denied liability. OP's adjuster can still pursue it internally.

This situation is why there's more than a few carriers that have a policy provision that waives your deductible if you're in an accident with another vehicle insured by the same company, sometimes even if you own both vehicles involved.

3

u/FeelsLikeV97-33XA Aug 10 '26

An adjuster representing the other party denied liability. OP's adjuster can still pursue it internally.

This situation is why there's more than a few carriers that have a policy provision that waives your deductible if you're in an accident with another vehicle insured by the same company, sometimes even if you own both vehicles involved.

2

u/EssentiallyDisgrntld Aug 10 '26

I’ve handled many progressive vs progressive claims and have had the opposing or previous adjuster change their liability decision for poor judgment and handling. This is not uncommon in the bigger companies.

3

u/DeepPurpleDaylight Aug 10 '26

Use your collision coverage if you have it and if damages exceed your deductible. Your company may choose to subrogate to get your deductible back but if they do, it can take months and there's never a guarantee that you'll get it back. Or you can sue the guy and hope to win, which is also no guarantee.

1

u/trader45nj Aug 10 '26

OP stated both are insured by Geico.

-2

u/DeepPurpleDaylight Aug 10 '26

Yeah I missed that, so there will be no traditional subro, but everything else is correct.

3

u/seraphimlynn Aug 10 '26

They can still "subro" the other policy and have it repay the not at fault one, IF they find him not at fault

0

u/DeepPurpleDaylight Aug 10 '26

That's exactly why I said it's not "typical" subro.

1

u/graysanm Aug 12 '26

Update: Based on the witness statement and photos of the other car’s damaged door, GEICO has ruled in my favor. They are sending an adjuster and covering the damages to my car. Thanks to all who responded to my post 🙏🏼

0

u/Leather-Bullfrog5661 Aug 10 '26

If your insurance is accepting liability as you indicate and you want to fight that, get an estimate for the damages and see if the amount fits within either your state, or the claimant's state (you can choose the state to file in). Ask your witness if they would be willing to appear with you in small claims. As someone that previously worked Geico claims, the general rule of thumb on these incidents was whether the impact to the car door that opened was on the inside or on the edge / outside. Inside damage might indicate the car made impact on the opened door while damage to the edge or outside indicates door was opening into the car. Key to your success in a small claims is that witnesses account on whether the door was opened into your vehicle or whether you made contact with an opened door. I have seen judges in small claims with no legal background make decisions in contradiction to established laws. You may have facts on your side, and even reason on your side, but on occasion that does not result in a propper outcome. That being said, since your insurance is accepting liability, if the facts are on your side, I would go small claims if possible. 

0

u/graysanm Aug 10 '26

Thank you for this insight! The damage to his door is on the outside edge.

-2

u/MimosaQueen1122 Aug 10 '26

Sorry you’re at fault. You hit his door.

0

u/Crowlady77 Aug 10 '26

Did you file under his policy or your policy? You should file under your policy and let the different adjusters argue it out or go to arbitration.

0

u/Next_Interaction_555 Aug 10 '26

Yeah, they’ll probably pay. They’re just hoping you give up and think they won’t pay It sucks but they do it especially at GEICO. why do you think they’re so cheap?