Legal Question in Insurance Law in Virginia

who determines fault? who pays?

I was in an accident in Washington DC, where I was hit in my back right passenger side. I had let my insurance lapse and was not covered on that day, but did not tell this to the other party nor his insurance agent. The other guy's insurance (Virginia), Geico, determined it was my fault, I completely disagree. He hit me from behind while I was turning, with no traffic. Geico will not pay for my damage, but have paid for his, and now are trying to collect it from me. Is this legal? Can they determine whose fault it is and legally collect the money from me? How do I have no say in this situation? If I refuse to pay Geico can they take legal action, how can they become the law?


Asked on 3/28/03, 5:24 pm

2 Answers from Attorneys
Benjamin Glass Law Offices Benjamin W. Glass & Associates

Re: who determines fault? who pays?

GEICO is not the law (thank goodness) but they can make a claim...so could you ... ultimately one of you will sue the other and a jury will decide.

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Answered on 4/13/03, 2:10 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: who determines fault? who pays?

Your question as to the legality of what GEICO has done so far must be answered with, yes, it is quite legal as well as routine for insurance companies faced with the situation which you have described to do what you have described.

However. to initiate against you to collect from you involuntarily, GEICO must sue you in the court of appropriate jurisdiction for this case which would appear to be the civil division of the D.C. Superior Court. Then it will be up to you to hire a lawyer to defend against this claim(since you have no insurance company to supply one)--or represent yourself.

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Answered on 3/28/03, 6:33 pm


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