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Can I Sue Geico After A Car Accident?

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If you’ve been injured in an auto accident, you may be wondering what your next steps should be.

For some accident victims, legal action will be required to obtain the compensation they need and deserve following a collision.

Legal action may include suing a large auto insurance company like Geico. There are several reasons to bring a lawsuit against Geico, including an unfair payout, a lowball offer for compensation, bad faith on behalf of the company or claims adjuster, or a denied claim.

If you believe that suing Geico is your best option to receive a fair settlement offer, consider working with an experienced trial car accident lawyer. They can help you determine if suing is in your best interest and walk you through every step of the process.

Geico insurance agent checking the broken car

Is Suing Geico The Same As An Insurance Claim?

A Geico insurance claim is something that is filed by an insured motorist following an accident to seek compensation for losses and damages. You may file a claim with your own Geico policy or through that of the liable party.

If Geico does not fairly handle your claim — for example, if the Geico adjuster lowballs your damages — you may need to take things a step further to obtain a fair settlement. This step would involve suing Geico in your local court.

A lawsuit is different from a claim, as it is handled within a court rather than outside of it. The majority of car accident cases are settled outside of court. However, if your personal injury claim doesn’t settle fairly, your legal representation may decide it’s best to sue.

Eligibility For Filing A Car Accident Lawsuit Against Geico

Whether you’re eligible to file a lawsuit against Geico will largely depend on how they handle your car accident claim.

In most cases, those who go on to sue Geico have claims that were treated in bad faith on behalf of the insurance adjuster or insurance company.

Examples of ways in which an insurance provider can act in bad faith include:

  • Not handling the claims process in a timely manner
  • Not honoring details outlined in the insurance policy
  • Denying a claim without a rightful cause
  • Failing to appropriately investigate a claim
  • Offering a settlement that doesn’t fairly compensate the policyholder or person who filed the claim

What Type Of Lawsuit Can You File Against Geico?

The type of lawsuit you file against Geico will depend on your specific personal injury case and the legal advice of your attorney.

The most commonly filed lawsuits against Geico in relation to auto accidents include:

  • Personal injury lawsuit: The purpose of a personal injury lawsuit is to seek compensation for losses and damages in a car accident, such as pain and suffering and medical expenses.
  • Wrongful death lawsuit: The purpose of a wrongful death lawsuit is to seek compensation for the loss of a loved one in an auto accident. Damages you may seek compensation for include lost wages, funeral expenses, and medical bills.

Factors In Car Accident Lawsuits Against Insurance Companies

Knowing what factors can impact your lawsuit against Geico can help ensure you compile a well-rounded case with strong odds. Your personal injury lawyer, or auto accident attorney, can help ensure you understand these factors.

Common factors that influence an insurance company lawsuit include:

  • Who was at fault: Knowing who the at-fault driver is in the accident is one of the most important components of a lawsuit in at-fault states. This is because you will file the lawsuit against the liable party’s insurance rather than your own.
  • Whether you live in a no-fault or fault state: If you live in a no-fault state, your personal injury attorney will file the lawsuit against your own insurance company. In fault states, you’ll sue the liable driver’s insurance provider.
  • Who was liable: Liability is how courts assign a level of fault to a driver. This is typically determined by the negligence displayed by the motorist at the time of the crash.
  • Level of negligence: Someone’s negligence is the percentage they actively contributed to the accident and the property damages and injuries that resulted from it.
  • Insurance coverage: The at-fault driver’s insurance coverage and policy limits also play a role in an insurance lawsuit. If the at-fault driver is under- or uninsured, you’ll need to sue them personally in a civil case, as the insurance company won’t provide a payout on their behalf.

How To Sue Geico Insurance After An Auto Accident

There are several steps involved in suing Geico insurance after an auto accident. Your car accident attorney can walk you through these steps and complete many of them on your behalf.

1. Contact An Auto Accident Attorney For A Free Case Evaluation

One of the first things you’ll want to do before filing a lawsuit is to contact a personal injury law firm. They can provide you with a case review and help you understand your likelihood of success.

Most auto accident attorneys will offer a free consultation to review the details of your case. This will involve assessing details such as police reports and medical records.

You can use the information provided to determine whether you want to pursue a lawsuit.

2. File Your Auto Accident Claim

The first step in pursuing any kind of compensation for property damage or accident injuries is to file your auto accident claim. Your attorney can do this on your behalf.

Your claim will include all relevant information to support your case, such as any recorded statements, police reports, medical bills, and photos of the scene of the accident.

3. Begin Negotiations For A Settlement

Once your claim has been filed, your attorney will begin negotiations for a fair settlement on your behalf. They will work with the insurance company’s legal representation to do so.

4. Take Your Case To Court

If your lawyer and that of the insurance company cannot reach a fair verdict for a settlement, you may choose to take your case to court by filing a lawsuit.

Evidence You Need To Sue Geico For An Insurance Claim

There are several key pieces of evidence you’ll need when suing Geico for an insurance claim.

Some of the most important pieces of evidence include:

  • Loss record: A written statement detailing anything lost as a result of the crash
  • Medical records: This includes medical bills, expenses, and diagnoses from bodily injuries as a result of the accident
  • Police report: This will include important details of the crash, including the victims involved and who was at fault
  • Witness statements: Any statements from those who were present at the time of the auto accident

Geico Insurance Coverage And How It Affects Lawsuits

There are different types of insurance coverage a policyholder can have with Geico. The type of coverage you or the at-fault party has can impact the outcome of the lawsuit.

Common types of auto insurance coverage offered through Geico include:

  • Collision coverage: This type of coverage provides compensation to the policyholder for losses and damages in an auto accident.
  • Liability coverage: This type of coverage offers compensation to other accident victims should the policyholder be found liable for a car crash.
  • Comprehensive coverage: This type of coverage is put in place to compensate drivers should their property become damaged as a result of a natural incident such as weather.

How Long Do You Have To Sue Geico After An Accident?

The amount of time you have to bring a lawsuit against Geico following an auto accident is dependent on the statute of limitations in your state.

The statute of limitations refers to the time limit a person has to sue an insurance company or person from the date of the accident.

In most states, the statute of limitations is two years. This means that accident victims have two years from the date of the collision to file a lawsuit against Geico or another auto insurance company.

Geico Car Insurance Lawsuit Settlements

While there isn’t any specific information available on Geico car insurance lawsuit settlements, there are statistics related to all large auto insurance companies, including Geico.

For example, in 2020, the average settlement won by accident victims for personal injuries due to auto accidents was $20,235. In that same year, the typical property damage settlement was around $4,711.

Several factors influence how much a person will win in a lawsuit. Common factors include the extent of the losses and injuries, whether they had any fault in the accident, and type of insurance coverage the at-fault party has.

Types Of Damages In Geico Car Accident Lawsuits

There are different types of damages a person can incur in an accident and can therefore claim in a Geico lawsuit.

Some of the most common damages seen in auto insurance lawsuits include:

  • Medical bills
  • Loss of consortium
  • Lost wages
  • Wrongful death
  • Loss of earning capacity
  • Pain and suffering

Geico Auto Insurance Statistics

Geico does not offer up-to-date statistics on its auto insurance claims and lawsuits.

The following are general auto insurance lawsuit statistics that apply to Geico:

  • Deaths related to traffic accidents cost an estimated $55 billion each year in damages.
  • 98% of car crash victims receive compensation through a settlement and never need to take their case to court.
  • In general, it takes an estimated 11 months from the time someone files a claim to the time they receive compensation.

Get Help Suing Geico After A Car Crash Today

If you believe your auto accident case should be taken to court against Geico, working with an experienced car crash attorney is the best way to win the maximum settlement.

An accident lawyer can walk you through the legal process and ensure you are properly represented and that your rights are honored and upheld.

Finding the right attorney is just a phone call away. Reach out to LegalFinders today to get connected with the best personal injury lawyer for your case.

Geico Car Accident Lawsuit FAQs

The following are frequently asked questions related to Geico car accident lawsuits.

Is Geico Good At Paying Out Claims?

Geico is above average when it comes to paying out claims. They received a claims satisfaction score of 874 points out of 1,000 on the latest J.D. Powers auto claims satisfaction study.

How Do You Negotiate A Settlement With Geico?

The negotiation process for a settlement begins after you file an auto accident claim with Geico. Your legal representation will negotiate with the other party’s legal team on your behalf to reach a fair outcome.

How Long Does It Take For Geico To Pay Off A Claim?

It generally takes Geico six months to pay off an auto accident claim. Several factors go into how long it may take, including the severity of the accident and injuries and how many parties were involved.

Article Sources

Geico. “Find Out About Payment Recovery For Car Accidents.” Retrieved from: https://www.geico.com/claims/claimsprocess/payment-recovery/.

J.D. Power. “​​Insurers Struggle to Manage Expectations in Auto Claims Process as Repair Times Increase, J.D. Power Find.” Retrieved from https://www.jdpower.com/business/press-releases/2022-us-auto-claims-satisfaction-study.

United States Courts. “Federal Judicial Caseload Statistics 2020.” Retrieved from: https://www.uscourts.gov/statistics-reports/federal-judicial-caseload-statistics-2020.

U.S. News. “Bad Faith in Insurance.” Retrieved from: https://www.usnews.com/insurance/glossary/bad-faith-in-insurance.

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