Hit by driver with only 10K of liability coverage and 20K of damage b/w two cars

[rmerker]

October 16, 2010. I was rear-ended while stopped at a light in Yonkers, New York . Presumably, the car behind me was pushed into me after he was struck from behind by a third car. My car and the two drivers behind are all insured by Geico. The insurance company decided that only the driver who hit the car behind me and then subsequently pushed that car into me was at fault and liable.

As per Geico's estimate, my car sustained $4,300 worth of damage. The middle car was totalled at $15,000. The problem is that the liable driver only had $10,000 of liability coverage. As such, Geico is only offering me only 2,300 for the damage to my car (the totaled car is getting the rest). They are only offering me this money if I sign a waiver of further liability for Geico and the owner of the third car.

I only had liability coverage for my vehicle so I would like to recover the full amount, from either Geico or the liable driver(s), to fix my car. I am in the process of getting other estimates as well to see if the Geico $4,300 is accurate. Is there any way I can get the insurance company to pay for all the monetary damages to my car?? Can I sue the insurance company?

Any help would be much appreciated!!!

 

[army judge]

Yes, you can sue the insurance company, you can sue your mother, you can even sue me.
In America, we are free to sue anyone we want.
That isn't the question you should be asking, however.

You have $4,500 in damages to your car.
The destruction was wrought upon you by, Mr. Bad Driver, not GEICO, me, or your dear, sweet, innocent mother.
GEICO can only disburse in claims what Mr. Bad Driver was insured to protect.

Your lawsuit, if that is the strategy you desire to pursue, is best brought against Mr. Bad Driver.
You have sustained damages on the order of $4,500.
GEICO will only pay you $2,300 on behalf of their insured, Mr. Bad Driver.

You can take the $2,300, but Mr. Bad Driver and GEICO get off scott free.
You, nevertheless, come up $2,3000 short.
You could have insured your car for such eventualities, and then your insurance company would have gone against GEICO and Mr. Bad Driver to make you whole.

Now, you have to either refuse GEICO's ridiculous and cheap offer, or sue Mr. Bad Driver and GEICO, jointly and severally.
You could bring your suit in small claims.
If you do that, GEICO might up their offer a bit.

But, all that will take time.
Your best bet is to engage the services of a personal injury attorney in your area.
You have seen some f them advertise on television, no doubt.
Or, you can ask friends, relatives, co-workers about attorneys they have used in such situations.

Make an appointment with a couple of attorneys and discuss your case.
The initial consultation is usually free.
Most personal injury attorneys will represent you with no out of pocket costs to you.
You can discuss the fee arrangement at your meeting.
You can then make a decision.
If you go this route, it will take some additional time.
But, you'll receive a fair and handsome award in the end.
The lawyer will reveal how much you'll get.
I expect in your case, it could be $10,000 (more if you have suffered medical problems).

Or, you can take the $2,300 now.
But, your car will only be restored to 50% of its once beautiful and perfect state.
And, if you develop medical problems in a week or so, (as sometimes happens) you'll have to suffer or use your health insurance.
You'll get NOTHING for pain and suffering, loss of work, medications, etc...


One final note that you can discuss with an attorney in NY.
The insurance company doesn't decide who is at fault.
That is left to a judge and/or jury.
In a situation such as you've described, you can also bring a lawsuit against the car who struck you.
That car would have to eventually sue the car that struck him.
That car would then be stuck with suing Mr. Bad Driver.
The insurance company (GEICO) is simply trying to help themselves and their policy holder.
New York is a no fault state.
That further complicates things for you.
That is why you would be wise to speak with an attorney about this!