if a lady in a rental car hits me and she has geico insurance shouldn’t the insurance pay my damages?

UPDATED: Sep 30, 2022

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if a lady in a rental car hits me and she has geico insurance shouldn’t the insurance pay my damages?

A lady hit my car, she has Geico insurance, I called geico almost every day, at
first they had told me that they were going to cover all my damages but they were
missing some information, almost a month has passed and now they are telling me
that they are doing a coverage investigation and it looks like they are not
fixing my car, I spoke to my own insurance and they told me they are not paying
either. What should I do? take the claim to court? go after the rental car
company? my email is vllgsscr01hotmail.com for any respond. thank you

Asked on August 10, 2016 under Accident Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Her insurer is not required to pay you--remember; they are *her* insurer, not yours, and their duty is to her (to protect and/or pay for her), not to you. They will only pay voluntarily if they believe that you are likely to sue and essentially guaranteed to win (i.e. that you have a very strong case), so they should offer to pay now, rather than incur the cost of defending a lawsuit but still lose anyway.
What you do if no one is offering to pay you money is you sue the at-fault driver: i.e. the lady in the rental car. (Remember: another drvier is only liable, or responsible to pay, for your damage or costs if they wer at fault in causing the accident; if not at fault, they do not have to compensate you.) To win in court, you would have to prove by a "preponderance of the evidence" (or that it is more likely than not) that the other driver was at fault. If you can do this, you can get a judgment in your favor, directing the other driver to pay you; if you do, then their insurer may step in and pay.

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