I’m sorry to hear about your daughter’s neck injury
My mom and I were rearended some years ago and she had a stiff neck, which thankfully went away in a few days, and hasn’t been an issue since.
Apparently not everyone is so fortunate
You’re absolutely correct about looking a for a bloodthirsty pitbull lawyer
db4690 (and Cougarfan) – Do not trade property damage (the car) for personal injury. Geico is responsible for both. Now, actual medical costs should be paid in full, but MAYBE you can scare them into paying the PD if you press for a large pain and suffering payout. Unfortunately, you will probably need real legal help to make any of this work.
Cougarfan – Also, check with your medical insurer. They might give you help (or at least advice) on how to claim your injury costs
Just an observation as everyone has made some excellent points. There are different types of foam and some can be very strong depending upon how it’s formed as collision damage response is designed into the entire car and not just the bumper. The entire car will likely suffer damage to protect the passenger envelope. The foam is just one aspect of that entire process. We use polyurethane foam of high enough density that a one inch piece, four feet long can support a two hundred pound mson an stand on one unsupported end with ease while it flexes with the consistency of hardwood. That is strong. So, the foam alone is no indication of the entire damage and I agree that @bing and @texases are absolutely right.
A few things the OP should do at this point is to say as little as possible and do NOT sign anything.
Sometimes the insurance companies or adjusters may say they need a John Hancock on something just to satisfy body damages and in reality that paper may be letting them completely off the hook.
The condition of the foam is only a visual observation. What matters is the actual condition of the structure. No insurance company is going to pay anything until they have definitive proof of damage. Why has the body shop not provided this? If it is out of whack, they will know by simple verification on the rack. If it’s not and it is only a wrinkle in the roof and a scuff on the bumper, that’s all they will pay for. Something doesn’t add up. If the speed is accurate, there should be more damage. Did you go to a shop recommended by the other driver’s insurance company? If so, time to get it towed to an independent shop for a second opinion.
IMO . . . roofs don’t “wrinkle” unless there was a substantial impact
OP is definitely getting hosed
Thanks for all the information. I called the body shop yesterday to find out what is going on. They told me that they put my car back on the rack and laser measured it and it is off on both the left and right sides. They said it was only milimeters, but different on each side. They said I would now have to wait to hear from the Geico adjuster again. This afternoon, the Geico adjuster left me a message that they will be doing a re-inspection of my vehicle on Thursday afternoon to decide where to go from here. Huuuummmmmm
TwinTurbo - I took it to one of the preferred shops My Insurance recommended, not the other guys. They finally put it on the rack and found damage on the frame. We will see come Thursday what they say with the “NEW” Geico adjuster. The first one has been replaced.
“it is off on both the left and right sides”
Do yourself a favor and get this in writing. Keep good records, in case the “new” Geico guy decides to be a jerk.
I admire you for having the stomach, foresight, and patience to bring your car to a different shop. A lot of guys would already have thrown their hands up in the air, in frustration.
Good. I’m still surprised it isn’t off more than that. How big is the roof wrinkle? Curious if the body is bent upward almost equally side to side. If they just measure front to back and x pattern corner to corner, it might not reveal the bend upward. Your car must have moved considerably forward after the impact to have so little damage. Strange things can happen…
ok4450 The neck injury may be more cause for concern than the car. - Got a letter from Geico today stating that since the damage to my car was not as severe as originally thought, there is no way I could have suffered any injury what-so-ever so they are conducting an investigation. The liability adjuster is going off the first damage adjuster saying the foam was not broken so the only damage is the bumper. He is not even looking at the fact the shop actually found the frame to be off on the Sway and Mash. What ever that means.
WOW. I got a call today from the Body Shop that has my Cougar. This is a shop my insurance recommended, not one recommended by Geico. They asked me if I talked to Geico today. I told them that I still have not heard from them since the reinspection last Thursday. (Today is Wednesday). He told me that he just got a call from the new adjuster at Geico (which strangely has the same name as the last adjuster), and that they told him they left me a message. I told him that I have not gotten any calls from Geico, and that I have had my phone in my pocket all day due to appointments and that I was in fact just leaving the Doctors office. He laughed and said, “Matt said he left you a message today”. Then he said that Geico has agreed to pay for the bumper damage and to pull and straighten the Mash and Sway of the frame, but they will not pay for the damage to the roof of the car because they (Geico) do not believe that damage came from this accident. WTH. The first adjuster at Geico is the one who pointed out the damage to us. We didn’t even see it until we were with him during the inspection. There are two creases on the roof of the car. One on the passenger side and one one the drivers side. They are approximately 4" long running side to side about 3 or 4 inches from the windshield, and just a few inches in from the tops of the doors. I told him and the first Geico adjuster that those damages were never on my car, and I have photos to prove it. Then the guy at the shop said, “So, I need to know if I have your permission to go ahead and fix the bumper?” I told him that I am not giving permission to go ahead with anything at this point. I told him that those damages were not there. He said that they could not have been caused from the accident. I told him I need to talk to an attorney. Then he asked if I wanted the number for the new Geico adjuster. I told him that I was just leaving the doctors office and I don’t have anything to write with. I really don’t want to get an attorney, but I don’t think I have any other choice. Now I am wondering if I went to the wrong shop as well. I don’t know if I can still take it to a different shop since this one has already removed the bumper and when I drove by today, I see they have also removed the foam which is odd since it supposedly was not damaged. I live in Oregon, anyone know the repair shop standards. I feel bad if I take it somewhere else at this point, but I don’t know if they are working with Geico or not. Feels like it. Also, can I be held responsible for any time this shop has put into the car already if I don’t give them the go ahead on the repair? I may be a woman, I may be blonde, but I am not stupid. I just need some advise.
You should have already consulted an attorney. You have property and personal damage due from the accident. The other driver is at fault. The insurance adjuster is there to protect his client and their liability. You only have yourself and you do not have experience in this area. And please DO NOT SIGN ANYTHING without a lawyer.
I had the same run around for weeks. Especially on the property damage. The moment I got an attorney, the adjuster becomes very accommodating.
“since the damage to my car was not as severe . . . there is no way I could have suffered any injury”
Please
Several years ago, my car was rear ended, and my mom was the passenger
The bumper had barely a scratch, yet my mom had whiplash
Have you contacted a lawyer yet?
Like I said, you need either your own insurance rep or a lawyer. They are jerking you around. You don’t accept any settlement on anything at this point until the medical issues are determined. You are swimming with sharks with no weapon so you have to get someone on your side to deal with these people. Your agent should be able to recommend someone even if he can’t help himself.
It’s time to quit talking to GEICO and their adjusters and play hardball by getting an attorney. Most attorneys working this kind of thing operate on a contingency fee basis, meaning you pay nothing up front and a percentage of the settlement when the smoke clears.
Say nothing and most importantly, sign nothing; even if the adjuster claims any release is only for the physical damage to the car.
For what it’s worth, insurance carriers and adjusters have been known to assert their legal right to tape anything you say without your knowledge. One word or phrase used or taken out of context could cause you all kinds of grief.