Geico won't pay because she won't admit fault

[comp]

Three weeks after purchasing a new car my boyfriend visited VCU and parked in one of the decks. When he returned he found his blue car sitting as he'd left it legally parked and a red car mostly perpendicular to it across empty spaces with the red cars driver standing nearby and a big dent and scrape with red paint on the drivers side rear panel of our car. He took several pictures as he sorted out the details of what happened and waited for the police to arrive. During the wait she moved her car our of position and to the other side of the garage, he has pictures of this as well. The officer when he arrived did not take a report because he didn't feel like it was a serious accident even though the woman did not have her license on her and openly started to both the boyfriend and the officer that she couldn't be guilty because if she had hit the car she would have driven off. He returned to Maryland with the damage. Weeks passed with him trying to actually talk to geico/her insurance, getting the required estimates and sending them the pictures. Finally he was able to speak to a claims adjuster who says that she says she was not at fault and they would not be paying for the damage. Our insurance,State Farm. Says that they can not get involved because the damage is under our thousand dollar deductible. All the repair quotes are nearly nine hundred dollars. Can they really deny the claim given the evidence? The Geico agent was informed that as he works in a medical field my boyfriend is difficult to reach during weekday hours are we being punished because going to court would be difficult? If we do file I assume we would have to do so in Richmond VA where the accident happened and not Maryland where we live. Is is likely to be worth it to go to small claims? Will Geico send lawyers?, do we need one?

 

[mightymoose]

Your option is to file a small claims suit against her where the incident occurred. If you have pictures of the damage to both vehicles you will likely win a judgment in small claims. You will also win your judgment if she fails to appear.
There were no injuries and you were on private property so the police would not likely take a report. They would only make sure you exchanged insurance information. They likely could not cite her fir not having a license both because they did not see her driving and again because she was not on a public road.
If you obtain a judgment in court then you might be able to get their insurance to pay. If you pay out of pocket then you can sue for the value of the damages plus your court costs.... but then begins the adventure of collecting payment.