Auto Insurance Claims: auto insurance claims, money stack, legal obligation


Question
A Geico insured driver hit my car. the police gave the geico insured a ticket
for driving into my side of the street. it is a 2 lane 1 lane in one direction and
the other lane in opposite direction.  
I am trying make a claim with geico to get my car fixed.  it has been 7 days
and the insured has not given her statement.  and geico says they ca't move
on.  how do i convince geico to pay for my car!

Answer
Cathy,

Dang those lizard and eye-balled money stack loving Geico drivers...
I actually have a theory that the Gecko was killed in the last commercial when the executive fell backwards on him and that's why we are stuck with the big eyed money stack character.

Seriously, whether it be Geico or any other insurance company, the policy holder has a legal obligation to cooperate with the insurer during the course of their investigation.  If any of us have auto insurance, we have agreed to such a clause in our policy.

The basis behind this is that no insurer can be expected to pay out a claim against their insured if their own insured is unwilling to provide the needed information to properly defend their exposure.  

The insurer has likely already sent a letter to their insured that states the above along with a statement that if the insured continues to be "out of touch" the insurer has the legal right to deny coverage.  In most cases, this letter will compel the other person to call up on provide a statement.  In the unlikely event that they still do not cooperate, then the insurer has the legal right to deny coverage to the person and in many cases, cancel the policy.  
Please understand that this rarely happens.

In the mean time, you may want to consider filing a claim with your own insurance company as in most states, you do have a legal obligation to do whatever is reasonably necessary to minimize your losses.

Good luck and let me know if things don't start falling into place within the next 30 days.