Gieco is deeming me 25% at fault for an accident

[2014GiecoClaim]

I was in a car accident on December 27th, 2014, 11:15 AM. I was on the freeway headed South when a large truck cut across two lanes and swerved into mine. Out of natural reaction of the truck coming into my lane at at least 65 mph I swerved to avoid being hit, thus causing my car to flip on its side. I was left unconscious in my flipped vehicle and the person causing the accident fled the scene. I was not cited and all of the witness reports claim the same story that I do deeming the unidentified driver at fault. I am left with $30,000 worth of medical bills which Gieco is only willing to pay for $15,000 of them. The letter I received states due to reports and satellite imagery I am 25% at fault... But if they really had satellite imagery of the incident, wouldn't they have gone after the person who caused the accident through their satellite imagery? And none of this would have happened if the other car was not driving recklessly. I also truthfully believe there was no other way for me to have reacted or anyone else for that matter. I am 21 years old and am in need of legal advice to help get what I deserve and to have a car again after 5 months and begin paying for my medical debts. Please send feedback and any advice. I am on my way to retrieve my police report now.

 

[ElleMD]

You can appeal the insurance company decision but as you were the one driving and you were not struck, your over reaction to the situation could be enough too place you partially at fault. If you know the driver/owner of the truck, you can talk to a lawyer about pursuing a claim against their insurance or them civilly.

 

[Betty3]

You can discuss with a lawyer & have the lawyer review the police report & get his/her opinion as to whether it would be worth an appeal or suing. You could very well be partially at fault for swerving which caused the accident even though you felt you had no other choice but to swerve.

 

[army judge]

I was in a car accident on December 27th, 2014, 11:15 AM. I was on the freeway headed South when a large truck cut across two lanes and swerved into mine. Out of natural reaction of the truck coming into my lane at at least 65 mph I swerved to avoid being hit, thus causing my car to flip on its side. I was left unconscious in my flipped vehicle and the person causing the accident fled the scene. I was not cited and all of the witness reports claim the same story that I do deeming the unidentified driver at fault. I am left with $30,000 worth of medical bills which Gieco is only willing to pay for $15,000 of them. The letter I received states due to reports and satellite imagery I am 25% at fault... But if they really had satellite imagery of the incident, wouldn't they have gone after the person who caused the accident through their satellite imagery? And none of this would have happened if the other car was not driving recklessly. I also truthfully believe there was no other way for me to have reacted or anyone else for that matter. I am 21 years old and am in need of legal advice to help get what I deserve and to have a car again after 5 months and begin paying for my medical debts. Please send feedback and any advice. I am on my way to retrieve my police report now.

I see you say you report the accident as having occurred in Nevada.

Nevada is a "fault" state when it comes to car accident liability, meaning that the driver (or other person) who causes a car accident is on the financial hook for injuries, vehicle damage, and other losses that result.
There are few restrictions on how drivers and passengers can seek compensation from the at-fault driver in Nevada.
Your options often include:

1. You can attempt to file a claim under your own insurance coverage (be it auto insurance or health insurance)
   [*] You can attempt to file a claim with the other driver's car insurance company (this is sometimes called a "third party car insurance claim,")
   [*] You can attempt to file a personal injury lawsuit seeking compensation from the at-fault driver.

Nevada only requires a vehicle owner to carry auto insurance that provides the following MINIMUM coverages for any vehicle in operation in the state:

$15,000 for injuries to one person in an accident
$30,000 per accident where more than one person is hurt, and
$10,000 per accident for property damage.

I suspect YOU chose the MINIMUM coverage, or the other driver did so.
It would appear that if you believe you should be compensated more appropriately, your remedy lies in some Nevada court room.
That means you hire yourself a personal injury lawyer and seek redress before the applicable court.


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[mightymoose]

I suspect the same. Do you know what your coverages are? It may be that Geico has actually paid you the maximum your policy allowed.