Can You Sue Geico After an Accident in Indiana?

May 14, 2024 | Car Accidents

Can You Sue Geico After an Accident in Indiana

If the at-fault driver is insured by Geico, there are some things that you should know.

GEICO, or the Government Employees Insurance Company, has humble beginnings. It was founded in 1936 during the Great Depression by a husband and wife team. Now, it is the nation’s second-largest insurer, providing 14.05% of car insurance policies in the United States. 

If you were injured in an accident, you deserve to be treated fairly and to be adequately compensated for the harm you have suffered. An Indiana car accident lawyer from Fountain Law Firm, P.C. can help explain your legal options. Contact us today to learn more.

Indiana’s At-Fault Car Insurance System

Indiana uses an at-fault system for car accidents. The party responsible for the majority of fault in causing the accident is responsible for paying for the damage they caused. Therefore, insurance claims are generally filed against the at-fault party’s insurance provider under their liability insurance coverage. 

GEICO is responsible for your medical expenses, lost wages, pain and suffering, and other damages. 

Before you give a statement to an insurance adjuster from GEICO, you should contact The Fountain Law Firm for a free consultation.  The adjuster is trained in taking statements and you are not trained in giving them.  The claims adjuster assigned to your case may deny your claim. Or, not compensate you for the full extent of their liability.   You may need to sue to seek compensation for your damages. 

If you file a lawsuit, it is against the at-fault driver who caused the auto accident, not the insurance company. 

GEICO’s Insurance Claims Process

After an accident involving a GEICO-insured policyholder, the process may involve the following steps:

Report of the Accident 

After the accident, you will report it to the at-fault driver’s insurance company. GEICO accepts claims over the phone and online. During this initial call, you report the basic information about the collision so an accident claim can be opened. 

Most insurance policies require their covered drivers to report accidents to them, even if the accident was not their fault. Therefore, you may also need to report the accident to your own insurance company. You may also have insurance benefits that you can use under your policy, such as Med-Pay, which is supplemental coverage you may have purchased when you bought your auto insurance policy. 

Sometimes, you may file a claim with your insurance provider, and then your insurance carrier will file a subrogation claim against GEICO. This is so your insurance carrier can be reimbursed for the expenses they initially paid on your claim when GEICO’s insured driver was at fault. 

Insurance Adjuster Assigned to the Claim

An adjuster from GEICO will be assigned to the case. They may call you for additional information, ask where you are planning to send your vehicle for repair and meet at the repair shop to assess the vehicle. At this point, the adjuster may indicate the estimated costs of repairing the vehicle if liability is not in dispute. 

The adjuster may investigate to establish liability and review damages. They may review the accident report, interview witnesses, and review medical records. The adjuster may ask you to sign medical release forms, but it is usually better for your personal injury attorney to handle what information goes to the insurance adjuster so that they do not try to claim some previous accident was responsible for your injuries.


GEICO may send a check shortly after the accident in hopes you will accept it a small settlement.  Remember, the adjuster’s job is to resolve claims for as little money as possible. The initial offer is rarely the best. It may be significantly lower than the true value of your claim. 

Insurance adjusters may use claims software to determine the value of your case, rather than the actual costs you incur. An experienced car accident attorney can review your case to determine the short- and long-term costs you will likely incur because of the insured’s negligence and fight for the fair compensation you deserve. The insurance company can settle the claim up to the policy limits. 

Reasons Insurance Companies Deny Accident Claims 

One of the biggest complaints about insurance companies is that they deny claims. It’s important to keep in mind that insurance companies are highly profitable businesses that rake in millions each year by receiving more in premiums from their customers than they pay out in claims. 

Some of the common reasons insurance companies deny accident claims include:

  • The insured lacked coverage at the time of the claim, or the coverage did not provide for the specific loss. 
  • The insured misrepresented material information in the insurance application. 
  • The claim did not provide enough information to determine insurance coverage. 
  • The insurance carrier may blame the injured party for the accident. 

Some of these reasons may be valid, but others might not, depending on the circumstances. 

When Can I Sue the Insurance Company for Denying My Claim?

There are some situations when you might be filing a claim with your insurance provider. For example, if you were hit by an uninsured motorist, you could file a claim with your uninsured motorist coverage policy. In this case, you would be filing a first-party claim. If GEICO was your insurer and it denied your claim or otherwise acted unreasonably, you may have grounds to sue the insurance company. 

What Is Insurance Bad Faith? 

Every insurer has legal obligations they owe to their own policyholders. They must honor the terms of the insurance policy, act in good faith, and avoid unfair trade practices. Failing to meet these legal obligations can subject insurance carriers in Indiana to consequences under the Indiana Unfair or Deceptive Acts and Practices and legal claims against them. 

Potential signs of deceptive or unfair insurance practices could include:

  • Failing to investigate a claim 
  • Delaying an investigation of a claim 
  • Failing to process a claim promptly
  • Failing to deny or approve a claim within reasonable timelines 
  • Denying payment of a claim when liability is clear 
  • Not providing a reason for a denial
  • Citing non-existent or irrelevant policy provisions to justify a denial
  • Failing to defend an insured in a personal injury lawsuit against them

If you believe that your claim was wrongfully denied or that your insurer otherwise acted in bad faith, you can contact a car accident lawyer to learn about your legal options. Sometimes, having an experienced lawyer can motivate the insurance company to treat you fairly and remember their contractual obligations. 

Other Damages Available in Personal Injury Claims

You reserve the right to seek compensation for the other damages you have suffered because of the car accident from the at-fault party, whether through an insurance claim or personal injury lawsuit. Damages that may be available in these cases include:

  • Medical expenses
  • Lost wages
  • Reduced earning capacity
  • Costs to repair or replace damaged property
  • Pain and suffering

An experienced personal injury lawyer can review your claim and explain the damages that might be available to you. 

Tips for Dealing with an Insurance Company After a Personal Injury

Insurance companies’ interests are the opposite of yours. You want to recover as much compensation as possible to help you rebuild your life after an accident. The insurance company wants to minimize or eliminate your financial recovery to protect its bottom line. 

It is important to keep this difference in mind when you are dealing with GEICO and their insurance agents. Some additional tips to help with the claims process include:

  • Keep copies of all communications with the insurance company, including letters, emails, and communications through claims portals. This can be valuable evidence your lawyer can use to support your case.
  • Make notes of any phone conversations you have with the insurance claims adjuster. Write down the adjuster’s name, the date, and details regarding the conversation.
  • Keep all original receipts, estimates, and invoices related to your property damage and claims. 
  • Take detailed pictures of your damaged property and your injuries. 

Fountain Law Firm, P.C. provides a free, no-obligation consultation to injured accident victims to assess their case and explain their legal options. Call us today to learn more.

Contact Fountain Law Firm, P.C. for Help with Your Insurance Claim

If you were injured in an accident and GEICO is involved, consider hiring a personal injury lawyer with experience handling GEICO claims. Our compassionate car accident lawyer knows first-hand what you are going through and wants to help obtain a fair settlement on your behalf. Do not settle for less than you deserve. Contact us today by filling out our online contact form or calling us at (317) 608-5226.