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Reply to Geico Total Loss and Refusal to Pay     
Old 01-16-2017, 12:47 PM   #11
djs
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Geico Total Loss and Refusal to Pay Re: Geico Total Loss and Refusal to Pay
Sending notice to cooperate statements is a normal thing. It really doesn't mean much, except that there are some questions about the claim.

There is something about this claim that caused a red flag to get set, which happens all the time. You would be AMAZED at how many people try to file fraudulent insurance claims and because of this, insurance companies have things that will trigger a closer look when certain criteria are met. Happens all the time.... usually its resolved quickly and things move on. In this case, it sounds like a further look into the issues continued to raise more questions.

Cell phone record requests are usually an indication of a theft report or a fire or some sort of non-accident related loss. Or, its a one-party loss, i.e., you ran off the road and destroyed the car but didn't really hit anything except maybe a tree.

Missing a date on one of the reports is easily done. Usually its just a matter of pointing out it is there. Alternatively, just provide them access to your cell phone account so they can obtain whatever it is they need.

Texas policy - just curious, did you live in Texas at some point? This sounds like an administrative oops, but also realize auto policies are probably 95% exactly (i.e., word for word) the same from one state to the next.

Is Geico your carrier or the other persons carrier? If the other persons, do they have a Texas policy? Usually, you have to follow the rules of the state that the accident happens in, not the rules of the 'homestate', but this can get a bit messy if its in an area that the policies differ. This is usually only an issue if state limits come into play, but there are other subtle differences.

More info on the claim would help a lot.

Dan
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Old 01-16-2017, 01:15 PM   #12
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Geico Total Loss and Refusal to Pay Re: Geico Total Loss and Refusal to Pay BigPappa1981 is the thread starter for: Geico Total Loss and Refusal to Pay

Lost control on highway after hitting ice and our vehicle spun out hitting guard rails, which caused the body damage. I was about 30-40 minutes behind my wife and used my rollback wrecker to tow our truck since it had a flat plus I wasn't sure if it was safe to drive it. Fortunately, she wasn't hurt and didn't hit anybody else. They wanted the phone records to verify what calls were made. So the screenshots should have sufficed to show that. I filed a notice of loss online with them and was not asked to submit a sworn proof of loss. They told me that my phone records were needed for the proof of loss. I have completed a proof of loss and will submit it once we get it notarized. They do want us to do an EUO. Here's the deal with my claim, I never received a claim denial letter. Geico's stance is they haven't been able to complete the investigation without my phone records, so if they were still investigating the claim I should have been receiving a letter every 45 days notifying me that the claim is under investigation and they need more time. That requirement is governed by my state's insurance statutes and administrative code. Geico just closed my claim and refused to return phone calls. What counts as Independent Proof of Loss? And do you think submitting a Sworn Proof of Loss might get this claim settled?

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No I have never lived in Texas and it's First Party Claim on our insurance. I have had 1 insurance claim besides glass chip repairs, and that claim was relatively minor. I use a prepaid cell phone service and I don't get detailed bills or a bill at all. I get a text saying reload your phone. I don't even think I can get a copy of my bill without jumping through a bunch of hoops. I really don't like the way they treated my wife and myself with all of the bullying and lying. The duty to cooperate clause isn't meant to give an insurer complete control/power over the insured and that is precisely how they made it out to be. I really didn't appreciate that. I would rather have my truck back to pre-wreck condition than collect money on it. I loved that truck!
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Old 01-16-2017, 01:28 PM   #13
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Geico Total Loss and Refusal to Pay Re: Geico Total Loss and Refusal to Pay
Unless they suspect fraud, I don't understand the need for phone records. They need to explain WHY these records are material. Unless there is some reason to believe the claim is fraudulent or that an exclusion applies, damage to the auto should be covered.
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Old 01-16-2017, 01:33 PM   #14
djs
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Geico Total Loss and Refusal to Pay Re: Geico Total Loss and Refusal to Pay
Get an attorney. From your description, I think I understand the issues in this case and you will likely need an attorney to get it resolved in your favor.

I'm guessing there are some facts left out of this story which is where the real dispute it coming from. This is why they need the phone records.

Dan
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