Auto Insurance Claims: Parked car got hit, first few days, geico

Question
Hi Rich,

Our car was parked on the street overnight and when we pick up our car, we found out that our car got hit at the back and being pushed to the sidewalk to the right.  The car hit us and the other car at the other side of the roll.  The other car parked different direction as our car.  The other car had damaged in the left front.  The car hit and run left a license plate under our car but by the time we pick up our car.  Someone told us the owner of other car got hit picked up the license plate and called the police.

We only have liability coverage with Geico so we don't get any coverage.  The guy hit us has Geico also.  The guy hit and run didn't response to the ins the first few days and finally response and saying that he didn't not hit us.  There is a 4th car involved and the 4th car hit him, our car and the other parked car.  He didn't call the police and he said that he was chasing the car that hit all the three cars.  It's a lie and the guy just trying to pretend that he didn't hit our car.  

Geico's examiner checked his car and the representative for his policy called my husband saying that they will not pay us for any damages because the way the car damaged and they believe what the guy said.  

Geico finally sent someone to inspect our car two days ago, it's the third week day of the accident.  Finally, Geico said claim is denied due to no evidence showing the guy did hit us.  I think it is unfair because someone from Geico called my husband a week ago saying they are not going to pay anything even before their inspection of our car.  I feel they treated us unfairly because we have the same insurance with the guy hit us.

I'm being told that we could file a small claim against the person hit us but I think I should sue Geico because they denied the claim without enough investigation.  Do I have a claim here against Geico?

Best,

Answer
Hi Katie,

I'm sorry you are going through this.

You can not sue the insurance company. If you file a law suit, it must be against the person you believe hit your car. The problem is that in court you must be4 able to prove that the other guy hit your car and that it was his fault. If the other driver says he was hit by another car and pushed into you, you must be able to prove that he is not telling the truth. Otherwise it is just he sid she said.

Unfortunately, it seems there will be nothing you can do. If you go to court you will likely lose the case. Sometimes things happen and there is just nothing that can be done about it.

I hope this helps
Richard Hixenbaugh