Understanding Your Car Accident Case and Insurance Liability: What You Need to Know
Navigating the aftermath of a minor car accident can be complicated, especially when insurance claims and legal actions become involved. Recently, I found myself dealing with such a situation, and I want to share my experience to help others facing similar circumstances.
The Incident
One snowy night in February, I was driving with my child when my vehicle unexpectedly slid and gently made contact with the car ahead — at an estimated speed of just 1-2 mph. We both checked for damage and agreed everything was fine; no police report was filed, which I now realize was a mistake. We exchanged contact information in case any issues arose later.
Initial Follow-Up
A week later, I received a message from the other driver requesting my insurance details, stating she wanted to see a doctor for possible back pain. I promptly contacted my insurance provider, GEICO, and provided all the necessary information. They took the lead in handling the situation, attempting to negotiate a settlement.
Dispute and Investigation
Initially, the other party declined the settlement offer. GEICO then launched a thorough investigation, which included inspecting both vehicles. Interestingly, no record of the accident was found in their system, and her claim was ultimately denied.
Legal Action
Despite this, the other driver announced her intention to sue me for $25,000. Following GEICO’s guidance, I reached out to them again for legal representation. Now, I face the uncertainty of a lawsuit—with the question lingering: If she wins, am I personally liable for that amount, or will GEICO still cover me?
Important Considerations
- Insurance Coverage: Typically, if your insurer defends you in a covered claim, they pay the damages up to your policy limit, even if you are found liable.
- Legal Proceedings: If the case proceeds to court and you are found liable, the insurance policy generally covers the awarded damages within its limits.
- Uncovered Damages: If the claim exceeds your policy limits, you could be personally responsible for the remaining amount.
Next Steps
It’s crucial to consult with your insurance company and an experienced attorney to understand your rights and liabilities fully. While it’s unlikely she will be awarded the full $25,000, being prepared and informed is essential to protect your financial future.
Final Thoughts
The key takeaway is the importance of calling the police after any collision, no matter how minor, to ensure proper documentation. Additionally, having a clear understanding of
