OtherGround Forums Any Insurance / Bad Faith Type Attorneys...HELP!

3/6/13 2:15 PM
1/1/01
Posts: 11882
FRAT but feeling SO screwed:

I have experienced something that seems straight out of the Twilight Zone!

A week before Christmas 2012, my wife and I were about to head out / finish up "last minute" Christmas shopping. I could not locate my car keys and grew frustrated (busy day). My wife handed me her keys and said, "use mine...I'll stay home, make dinner for the kids and we'll all find your keys". We rarely use each other’s car; however the mall is about 8 miles away and was my only stop, not to mention this was really our last chance to finish up...so I accepted.

While listopped in holiday shopping mall traffic behind several cars, I reached to grab my phone to ask my daughter a gift / specific question. My seatbelt was on, however to reach my phone which had slid to the passenger floor, I had to unfasten it and grab the phone. While talking to her, and before fastening my seatbelt (still stopped), I was smashed into from behind at about 50mph. My daughter heard the entire thing; however I was knocked out, suffering a concussion.

Obviously I lived, however lost two teeth, suffered a moderate concussion and my body was pretty cut up. To add insult to injury, the person whom hit me didn't have enough insurance to cover all of the cars he hit, and thus my wife's totaled car was towed back to our home as if to say, "it's yours...keep making payments on it, there's nothing we can do". Love Progressive! (Sarcasm)

I then turned to my insurance of which I carry a huge un-insured, under-insured motorist policy. My insurance is thru Geico and at first, they were awesome: told me to rent a car and from where, told me by the time their maximum rental period (30-days) was up, I'd have my wife’s car paid for and the $5k equity in my hands. They also reported that with my $300k in personal injury insurance, I had little worry about the large ER bill, plus repairs of my fractured teeth.

Fast forward over 60 days now and I've since returned the rental car of which I paid 100%. Additionally, my wife's car sits totaled in the garage and we continue to make payments. None of my medical bills have been paid and thus I delayed making the dental appointment.

The reason: the person whom hit me went on to hit 4 or 5 other cars and they maxed out his policy. When they turned to mine, it turns out I excluded my wife as a driver on my policy. This was done years ago and I cannot for the life of me recall why i would do this other than she had a so/so record and maybe Geico demanded it. Regardless, she was not driving...I was! In fact she wasn't even in the car. I know I wouldn’t exclude myself.

I’m now seeking legal counsel as this is growing entirely stressful and making life difficult with a single car. Anyone with advice on what I should do next, OR anyone interested in helping, I’m all ears!

Other info: state: Arizona. My insurance: Geico, my wife's insurance: Progressive, and the person that hit me, also Progressive.
3/21/13 2:35 PM
3/3/03
Posts: 20899
PM me
6/10/13 7:36 PM
9/8/02
Posts: 7121
Did this ever get resolved?