I don't understand how your insurance works? I have full comprehensive insurance on my bike. They fix my bike whether I'm 100% at fault or 100% not at fault. If I'm at fault they fix any other vehicles too.
It is the responsible driver's adjuster who is denying his property damage liability claim. Evidently they feel Spektrum is at fault. I assume Spektrum, who also has GEICO as his own insurance, does not have full coverage. If he did, they would have to fix his bike under a collision claim.
Listen to duken, he knows this stuff better than anyone I know!
:laugh Lately I feel it is a rather sad area to have 19 years of expertise in, but that is where life has taken me. Anyway, I will add this random stream of consciousness blather to add background to the situation.
GEICO is a large insurer, owned by Berkshire Hathaway, which is Warren Buffet's conglomerate holding company. Warren, the oracle of Omaha, is the 2nd richest man in the US behind Bill Gates. I mention all this to highlight the fact that GEICO has tons of money. GEICO has been a very sucessful investment for Berkshire.
On the other hand, your claim rep at GEICO probably makes less than $40,000 a year and likely has a shitload of files on their desk. Probably 150- 200 or more cases, just like yours. Insurance is a white collar sweatshop with high turnover and a high rate of employee disgruntlement. For example, the average adjuster has about 3 years of experience, which is not enough to truly know what the hell they are doing, especially on property claims.
So if insurance sucks so bad as a career, why do I do it? My employer (Amica) is better. Rated #1 by Consumer Reports and JD Power for years. Our rates our higher, our service better. I have 105 cases, which is very high for my employer, but I have been at this awhile. I have a 2007 Camry company car. a fleet gas card, and lax oversight on my expense report :devious My pay is OK, but the benefits, including a Vanguard 401K plan with dollar for dollar company match to 6% of pay, a pension and full medical in retirement, are outstanding. I have it pretty decent in other words. The cases I get benefit from experienced, fair and careful attention. There are many others like me at the company as people stick around. It is truly an anomoly in an otherwise sad industry. The only other companies I can think of that are worth a damn when you have a large claim are Chubb, USAA and Cincinnati Insurance.
So anyway, it is not right for that rep to deny your claim, but with the right evidence, they very well may change their mind without legal action. If it comes to that, their supervisor, who has even more cases than they do, may finally wake up and take a look at your case and change their position.
Be courteous but firm, and present them with the evidence. If that does not work, by all means get a lawyer and avail yourself to the legal system. Be selective on what lawyer you retain though, like doctors, there are good ones and there are awful ones.
Good luck!
