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Reply to Geico Total Loss and Refusal to Pay     
Old 01-15-2017, 11:12 PM   #1
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Geico Total Loss and Refusal to Pay Geico Total Loss and Refusal to Pay
I have had an ongoing battle with Geico over a first party auto claim. They ended up closing my claim without denying it or affirming it or keeping me up to date as the status of my claim. I was told that they had to have my cell phone bill as proof of loss and coverage and they sent me a Reservation of Rights letter stating that they couldn't determine coverage or when the damage happened. I told them that I don't get phone bills because I use a prepay service but I would try to get the phone bill, which I couldn't get. They told me that a screen shot of my call logs from my cell phone would work instead of the actual bill, which I submitted. Once I submitted the screen shots, they said that my wife's and I statements don't match. Geico had sent out an appraiser who deemed my vehicle a total loss(I disagree with the total loss appraisal as the damage to my vehicle is all body stuff) and they registered my vehicle with the NICB VINcheck database as an insurance total loss.

I make contact with them and inform them that my vehicle is a total loss now because of what they did. I demand payment. They won't pay me and send me another ROR letter stating that they want an EUO in lieu of independent proof of loss.

Isn't the fact that they did an appraisal and registered my vehicle as a total loss basically saying that the accident is covered? Shouldn't they have to pay me since they have devalued my vehicle to salvage?
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Old 01-16-2017, 12:19 AM   #2
djs
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Geico Total Loss and Refusal to Pay Re: Geico Total Loss and Refusal to Pay
Huh? Can you try that again, but in a way that makes sense.
Is Geico your carrier? Do you have coverage through them?

The only thing I can figure out from your email is this went to special investigations and that eventually they came to the conclusion there was no coverage (I think).

That said, they didn't devalue your car, the claim did. There is always a record of a claim, paid or not. If they insured the car, they don't want to be on the hook for paying a second claim on the car if it has been damaged previously.

Take some of the emotion / passion out of what you are asking and ask again. It will make it much easier to give you some advice.

Dan
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Old 01-16-2017, 09:45 AM   #3
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Geico Total Loss and Refusal to Pay Re: Geico Total Loss and Refusal to Pay
Originally Posted by BigPappa1981 View Post
I have had an ongoing battle with Geico over a first party auto claim. They ended up closing my claim without denying it or affirming it or keeping me up to date as the status of my claim. I was told that they had to have my cell phone bill as proof of loss and coverage and they sent me a Reservation of Rights letter stating that they couldn't determine coverage or when the damage happened. I told them that I don't get phone bills because I use a prepay service but I would try to get the phone bill, which I couldn't get. They told me that a screen shot of my call logs from my cell phone would work instead of the actual bill, which I submitted. Once I submitted the screen shots, they said that my wife's and I statements don't match. Geico had sent out an appraiser who deemed my vehicle a total loss(I disagree with the total loss appraisal as the damage to my vehicle is all body stuff) and they registered my vehicle with the NICB VINcheck database as an insurance total loss.

I make contact with them and inform them that my vehicle is a total loss now because of what they did. I demand payment. They won't pay me and send me another ROR letter stating that they want an EUO in lieu of independent proof of loss.

Isn't the fact that they did an appraisal and registered my vehicle as a total loss basically saying that the accident is covered? Shouldn't they have to pay me since they have devalued my vehicle to salvage?
Note that a total loss doesn't have to mean the accident was bad enough that the car was inoperable, just that the cost to repair the damage is more than what the car is worth.

After depreciation, if the car is realistically only worth $2500, and the body repairs would cost $3100, it's a total loss.

It sounds like they had to investigate the claim and with them saying your stories didn't match, they determined the accident wasn't covered at all. They're still going to register the fact that a claim was attempted and that an accident took place, though.

They sent out an adjuster because you're making a claim and they have to determine the amount of the damages, the value of the vehicle, and the nature of the accident (for the very sake of determining if the accident will even be covered).

Can you elaborate on what happened and why your and your wife's stories weren't coincidental?

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Also, can you post in here what coverages you have? If there's no collision coverage, so you're relying on the Property Damage Liability of the other party, and the other party was deemed not-at-fault, you won't have any insurance coverage to repair the vehicle.
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Old 01-16-2017, 10:25 AM   #4
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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

We had full coverage. Here's the deal: Geico immediately started sending me emails quoting the duty to cooperate clause before an issue even arose trying to get me under their control. The one thing I told them I couldn't get was the one thing they focused on. I did submit to them like information so they will have a hell of a time proving prejudice. They were acting like the duty to cooperate clause meant I was their slave and I had no choice but to do what they say. As far as our stories not jiving, it's mostly Geico twisting the facts. My wife had worked a double and was falling asleep when she spoke with the claims rep so she didn't make much sense in her statement.
They keep telling me they want independent proof of loss? They also keep changing reasons or blatantly lying to me as to why they can't resolve the claim. One reason they gave me for the screen shots of my phone logs not working was there wasn't a date on them, at that point I promptly pointed out where the date was in the screen shot. Another time they tried passing off a Texas policy contract as my policy contract even though I live 4 states away from Texas.
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Old 01-16-2017, 10:37 AM   #5
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Geico Total Loss and Refusal to Pay Re: Geico Total Loss and Refusal to Pay
Originally Posted by BigPappa1981 View Post
We had full coverage. Here's the deal: Geico immediately started sending me emails quoting the duty to cooperate clause before an issue even arose trying to get me under their control. The one thing I told them I couldn't get was the one thing they focused on. I did submit to them like information so they will have a hell of a time proving prejudice. They were acting like the duty to cooperate clause meant I was their slave and I had no choice but to do what they say. As far as our stories not jiving, it's mostly Geico twisting the facts. My wife had worked a double and was falling asleep when she spoke with the claims rep so she didn't make much sense in her statement.
They keep telling me they want independent proof of loss? They also keep changing reasons or blatantly lying to me as to why they can't resolve the claim. One reason they gave me for the screen shots of my phone logs not working was there wasn't a date on them, at that point I promptly pointed out where the date was in the screen shot. Another time they tried passing off a Texas policy contract as my policy contract even though I live 4 states away from Texas.
If you didn't cooperate they are within the policy rights to deny a claim. Go with a better Insurance company next time. Most likely you are out of luck. Unfortunately you get what you pay for in the auto insurance industry.
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Old 01-16-2017, 10:54 AM   #6
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Geico Total Loss and Refusal to Pay Re: Geico Total Loss and Refusal to Pay
Originally Posted by BigPappa1981 View Post
We had full coverage. Here's the deal: Geico immediately started sending me emails quoting the duty to cooperate clause before an issue even arose trying to get me under their control. The one thing I told them I couldn't get was the one thing they focused on. I did submit to them like information so they will have a hell of a time proving prejudice. They were acting like the duty to cooperate clause meant I was their slave and I had no choice but to do what they say. As far as our stories not jiving, it's mostly Geico twisting the facts. My wife had worked a double and was falling asleep when she spoke with the claims rep so she didn't make much sense in her statement.
They keep telling me they want independent proof of loss? They also keep changing reasons or blatantly lying to me as to why they can't resolve the claim. One reason they gave me for the screen shots of my phone logs not working was there wasn't a date on them, at that point I promptly pointed out where the date was in the screen shot. Another time they tried passing off a Texas policy contract as my policy contract even though I live 4 states away from Texas.
You do have a duty to cooperate. No, that doesn't make you a slave, but it definitely does require effort on your part. I understand that you are upset, is that perhaps altering your perception of the situation?

Do you have documentation that they sent you a Texas policy and that they disputed a date on the screenshot, which the file would be date-stamped anyway.

Also, what is the nature of the loss, what happened to your car? I suspect that may shed some light on why exactly they are fighting it. No company is perfect and you certainly won't find many fans of Geico here. However, sometimes our own actions make a bad situation worse. Perhaps taking a step back and calming down will help you see things more clearly. It won't make Geico behave any differently, but it can help you better manage the situation to get the outcome you want.

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Old 01-16-2017, 11:31 AM   #7
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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

I have the email from Geico where the claims rep quotes the Texas policy and includes a copy of the policy. As far as cooperating with them, we have. I can't produce what I don't have in my possession. The duty to cooperate does not mean I have to bend over backwards for them, plus the want what I can't produce.
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Old 01-16-2017, 12:58 PM   #8
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Geico Total Loss and Refusal to Pay Re: Geico Total Loss and Refusal to Pay
Originally Posted by BigPappa1981 View Post
I have the email from Geico where the claims rep quotes the Texas policy and includes a copy of the policy. As far as cooperating with them, we have. I can't produce what I don't have in my possession. The duty to cooperate does not mean I have to bend over backwards for them, plus the want what I can't produce.
You didn't indicate what caused the loss.

Also, you come across very much as "me versus them." And while I realize in many ways that is accurate, that isn't necessarily going to get you the outcome you want.

You may want to start documenting everything for a claim of unfair claim practices. Also, contacting the Department of Insurance to file a complaint may be necessarily. Were it me, I would first call whoever you have been dealing with at Geico and simply ask, "What can I do to get this resolved and paid? I can't get you what you have asked for as I don't have it, what will you accept in its place?"

While the ends does not justify the means, I am always much more interested in reaching the resolution I want versus being "right".

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Old 01-16-2017, 01:28 PM   #9
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Geico Total Loss and Refusal to Pay Re: Geico Total Loss and Refusal to Pay
I, too, would like to understand how this accident happened. Much contrary to common belief, most insurers (especially the large names like GEICO) are very willing to pay claims when appropriate and move on.
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Old 01-16-2017, 01:36 PM   #10
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Geico Total Loss and Refusal to Pay Re: Geico Total Loss and Refusal to Pay
Exactly what happened to cause the damage and what relevance is your phone record?
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