Legal Question in Personal Injury in United States

I lack enough info to fully answer, but ask for a supervisor. They are violating NYS insurance law. These are the main statutes from the insurance law that are most applicable-let the supervisor know they are violating them and can be subject to all kinds of charges and problems from the Dept of Ins.::

-Under NYS ISC, no insurer doing business in New York State shall engage in unfair claim(s) settlement practices. NYS ISC � 2601, NYS ISC � 2403

-Under NYS ISC, any of the following acts by an insurer, if committed without just cause and performed with such frequency as to indicate a general business practice, shall constitute unfair claim settlement practices: (1) knowingly misrepresenting to claimants pertinent facts or policy provisions relating to certain coverage(s) at issue; (2) failing to acknowledge, with reasonable promptness, pertinent communications as to claims arising under its policies; and/or (3) failing to adopt and implement reasonable standards for the prompt investigation of claims arising under its policies; and/or (4) not attempting in good faith to effectuate prompt, fair and equitable settlements of claims submitted in which liability has become reasonably clear and (5) compelling policyholders to institute suits to recover amounts due under its policies by offering substantially less than the amounts ultimately recovered in suits brought by them; New York State Insurance Law � 2601 et. seq.

-Under NYS ISC, if it is found, after notice and an opportunity to be heard, that an insurer has violated the provisions of NYS ISC � 2601 et. seq., each instance of noncompliance may be treated as a separate violation of this section for purposes of ordering a monetary penalty pursuant to NYS ISC � 109. A violation of this section shall not be a misdemeanor. New York State Insurance Law � 2601(6)(c); and New York State Insurance Law � 109 et. seq.

-Under NYS ISC, every violation of any provision of NYS ISC � 109 shall, unless the same constitutes a felony, be a misdemeanor. Every penalty imposed by NYS ISC � 109 shall be in addition to any penalty or forfeiture otherwise provided by law. NY State Insurance Law � 109(a), (b), and (c)

No credible lawyer can say the company violated laws based on your post, and NY law also won't do you any good if the accident is in GA as your ZIP suggests. From your post, the company disagrees with you about liability as they have a right to do. No one here knows any more facts. You story is also not straight as it says he drove off, then abandoned his vehicle. Which is it? Either keep working with them, or see if a lawyer is interested and give him/her 33-40% to work it out.

You should file a small claims complaint in the county where the other driver lives, to comply with small claims jurisdiction requirements. The case witll be heard within a month. For this reason you should sned a copy of the complaint to GEICO. Big insurance companies have difficulty responding to matters in court in less than a month, unless they get a headsup.

Carol's post to you frankly makes no sense, and NY law does not apply in Georgia.

Since no one here knows the detailed facts, I'd suggest making a complaint to the state insurance commissioner, which may assist you. If they continue to disagree, you can sue them in small claims where the other driver lives(Magistrate's court). You have to sue the other driver and send a copy to GEICO.

Your post shows why it is foolish not to carry full coverage. If you had full coverage, even if the company found you at fault, you'd get paid less the deductible.

Did you file a police report If not, file one immediately

Hire an attorney to immediately & sue GA defendant for damages (property damges SOL 4 yrs)

Call me and I'll look at facts and get someone in Cumming GA to assist you if I cannot [770/985-6773]

Good Luck