doe
smithtown,#2UPDATE Employee
Tue, April 16, 2002
In response to the above situation, as a claims investigator I would have to ask why, if you were on a one ln each direction roadway, at night, with an oncoming car, you did not at least brake when you first saw that disabled truck on the side of the roadway? The truck was there to be seen and you are required to control your vehicle at all times. While I agree that the truck driver has some negligence in your accident, too. You were in the majority. Anyone with basic claims experience would tell you the same. The bigger question by far is how GEICO handled the damages to the truck. Since Ohio is a comparative negligence state, we would have been able to place at least some negligence on him too. I would have handled your claim as an 80/20. That's 80% on you and 20% on the truck for not having hazards or flares to warn traffic he was disabled. GEICO did their best to protect you I am sure. I suppose you are lucky that the truck driver was not in between your car and his or they may not have been able to. Especially if you were carrying the minimum required liability limits of 12,500/25/7,500. Hope this helps you understand that it is Geico's job to protect you even when you disagree with us.