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Gecio claim

Discussion in 'Auto Accidents, Injuries' started by Sherika Mcgibbon, Mar 16, 2019 at 1:56 PM.

  1. Sherika Mcgibbon

    Sherika Mcgibbon Law Topic Starter New Member

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    Jurisdiction:
    New York
    I would like to set up a bad faith case with geico..reasons,I have a leased vechile in the state of new York it is required to have full coverage and have a photo inspection on all vechiles,geico did not put full coverage on the vechile now there refusing to pay the the damages.....I NEVER REFUSE FULL,I NEVER DENIED FULL COVERAGE,I NEVER REJECTED FULL COVERAGE!! Geico also did not record the call with me asking for full coverage.What do I do? My car has been sitting in a tow shop for days...what do I do?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Did you ever look at your policy or endorsement when you got it, or followed up if you didn't get it, to make sure it had the coverage that you ordered.

    If you didn't, then your lack of coverage is on you and you have no case.

    GEICO has no obligation to record your request for coverage.
     
    hrforme likes this.
  3. Sherika Mcgibbon

    Sherika Mcgibbon Law Topic Starter New Member

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    The representative did not put what I asked for,I specifically said full coverage and she put everything else except for one thing which is Collision the most important thing and buy New York state law it is mandatory that cover should be on the car regardless if I like it or not
     
  4. adjusterjack

    adjusterjack Super Moderator

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    New York's mandatory auto insurance law only requires that you have liability insurance coverage.
    The minimum amount of liability coverage is

    • $10,000 for property damage for a single accident
    • $25,000 for bodily injury and $50,000 for death for a person involved in an accident
    • $50,000 for bodily injury and $100,000 for death for two or more people in an accident
    New York State Insurance Requirements

    Collision and Other Than Collision (also known as Comprehensive) is optional though might be required by auto finance companies.

    Again, when you ordered the coverage it was up to you to read the policy and/or the endorsement and make sure you had the coverage that you ordered. Had you done that you would have seen something missing and got it corrected right away.

    It's like ordering 5 items from Amazon. When the package comes you open it up to make sure all 5 items are in the package. You don't wait 6 months to open the package only to find that the item you need is missing from the order and it's too late to do anything about it.
     
  5. army judge

    army judge Super Moderator

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    Here's your problem, and it is entirely on you.

    If you requested insurance coverage using the telephone, an insurer would issue a binder to serve as PROOF of coverage BEFORE the policy is formally issued.

    You would have been required by the dealer to produce the binder (or proof of current automobile insurance coverage IF you were initiating coverage with GEICO).

    If you were a new subscriber to GEICO for purposes of the lease, the dealer would need to see that binder.

    You MIGHT have a cause of action against the dealer, if the dealer accepted PROOF of insurance that lacked collision coverage. If the aforementioned scenario occurred, you can discuss that circumstance with a couple local attorneys.

    You can help me help you by telling me if you were insured by a different company when you initiated the lease on the vehicle in question, or if you had no automobile insurance when you began the lease process, which would require GEICO to issue a BINDER, which you in turn would need to show to the dealer.

    Recording the conversation, if you believed it necessary, could have been done by YOU.
    NY is a one party state insofar as recording conversation, as you were a one of those parties, you could have recorded the call.
     
  6. zddoodah

    zddoodah Well-Known Member

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    This doesn't answer the question that "adjusterjack" asked: "Did you ever look at your policy or endorsement when you got it, or followed up if you didn't get it, to make sure it had the coverage that you ordered?"

    Please answer that question. Also, how long after obtaining coverage did you receive the written declarations page and policy documents? And how long after that did the accident occur?
     

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