Geico
Debra Schmidt - Michelle Rutherford NY Insured in Hit and Run in

In August this year my family and young daughter (19 months old at the time of the accident) NY insureds for minimum state requirements, were struck on our vehicle's driver's side rear quarter panel while traveling on I-95 N in Howard County, Maryland, about 10 minutes south of Howard County General (by ambulance, where I and my daughter were taken immediately after the accident - my husband stayed at the scene to collect our belongings from the highway and take care of the bus), causing us to spin, roll-over 3 times, bang and skid across the highway on the passenger side of our bright orange 1974 Volkswagon Bus Westfalia Camper, flipping again and landing upright in the grassy median during our once-a-year vacation to visit family. The offending vehicle fled the scene and has not been apprehended, nor was there any ascertainable license plate information from the witnesses, except that it was definitely a MD plate. The witnesses confirmed the vehicle was driving erratically before it struck us and there is no question as to the fault of the accident (the offending vehicle's). A police report and claim with our carrier, Geico, were filed immediately. All statements, by witnesses, us and the police corroborate this account and Geico has accepted our claim for No Fault benefits.

Geico agreed to pay (and has been paying) our PIP coverage. Our UM coverage applied only to NY state accidents, per our policy and would have only gone into effect if a "serious bodily injury" threshold were met. Just before Thanksgiving, Geico decided (after my repeated complaints to the NYSID and the NYS Superintendent of Insurance) to cover us under UM/SUM for the MD accident (i.E., applying out of state accident SUM). Detail: we had always had SUM coverage (policyholders for 4 years) but I admittedly (and stupidly) made an uninformed decision to opt for "min. UM coverage only" when documents were sent to us for signature '07 - my husband had renewed the policy over the phone, but I routinely handle bills/papers that have to go back out and I noted just under my signature on the policy that "no changes made to policy; cover letter said to sign and return" although I had checked min UM only. Apparently, my mistake was considered and why/how the NYSID compelled Geico to reinstate our SUM coverage back to the date of the accident (for which we are paying a retroactive premium). For this reinstatement and the hard work of the NYSID, I am grateful.

But I still have a problem. I am still being seen for bodily injury 4 1/2 months later and our vehicle is a total loss. I am not sure I will qualify for Serious Bodily Injury under NY's threshold laws. NY minimum UM is 25/50. MD's minimum is 20/40 without a serious bodily injury threshold. Clearly, we stand in a better position to be made whole if MD's limits are applied. MD was, after all, the "situs of the accident". And our vehicle is gone.

My original complaint to the NYSID included the fact that I have been researching NY and MD law and found that both state's laws support our reasonable expectations which are this: Our family should be compensated as if the driver of the other automobile had stopped and had minimum liability coverage as required by MD. MD & NY laws say, per statute, regulation, code/law, that the minimum mandated financial requirements of "situs of the accident" shall apply. Geico says that MD has no non-resident motorist requirements for financial responsibility and isn't a "deemer" (their word) state; therefore my policy won't pay under MD minimum requirements.

I have case law that supports our expectation of benefits, specifically stating that NY Law 5103e applies (if an accident happens in another state, that state's minimum requirements shall be paid by first party insurance if a hit and run); although this case references NJ accidents, it discusses NY's legislative intent of 5103e as it applies to NY law referencing directly UM coverage in a hit and run situation.
(see: http://caselaw. Lp. Findlaw.com/scripts/getcase. Pl? Court=ny&vol=080&invol=0162)

We are looking for the minimum UM coverage that MD supplies. Our wonderful vehicle (that we worked VERY hard to obtain) is totaled due to the felonious, negligent conduct of a criminal. We are not a family of means, but we carried the minimum automobile liability coverage we were required to by our state. We need real money for property damage and restitution for our bodily injury and emotional suffering; the entire ordeal has been extremely stressful for our entire family. MD law (and seemingly NY law, too) favors coverage, as far as I can understand and I have been researching for months now. Geico has denied further payment of benefits because they don't believe MD laws should be read into our contract. I thought state insurance laws were written so that someone in our situation was supported. We want MD law to apply.

Please note: we cannot collect from MAIF because we're not MD residents, nor from NY AIF because the accident didn't happen in NY. I have tried every avenue of restitution that I can find. I have researched everything I can and we are desperate for help.

I have a lawyer now but Geico is steering them to MD statutes that only show there is no mention of how MD laws are to be applied to non-residents, just like they did the NYSID. 5103e Article 51 of the NY State Insurance Law is what really counts here. I have a letter from the NYSID stating Geico is obligated to provide us with the minimum UM limits under MD law. Geico is saying that's just not right. NYSID has said they can't do anything else for us. The Governor's office, consumer advocacy groups and the media seem to be my only other options before this gets into litigation. Why should I have to sue for coverage I should be getting anyway?

Please note, I am not trying to kick a gift horse in the mouth. We just want what is due to us under the law. We'll be having a holiday of make-do this year like lots of people. We're out thousands of dollars in cash for our totaled vehicle and our recently purchased replacement vehicle. We don't do credit. We can't even get Geico to look at the bus. We should have gotten a property damage settlement months ago, but Geico is refusing to pay anything other than PIP so far. If anyone out there can shed some light on this situation for us, we would be deeply appreciative. Thank you.

BC
albany, New York
U.S.A.

Company: Geico
Country: USA
State: New York
City: Woodbury
Address: 750 Woodbury Rd

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