Monroe, NY asked in Personal Injury for New York

Q: What’s the best way to handle GEICO’s report?

In NY, monroe, couple days ago I hit a side mirror to a man,In my report I said I was using phone and did not see him. I got GEICO report now where I have to share my story, and my plan is to say that "I was driving north of still road and the pedestrian was walking southeast of Still road. Afterward the pedestrian crossed the white lane on the side of the road and came to my lane. I was in disbeilief to see that the pedestrian had crossed the right lane, came to my lane and the collided with the car's right mirror." Is it a good thing to say or not I mean if it will be harmful and being used against myself

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4 Lawyer Answers

A: I'm sorry about your accident. I hope everyone involved is okay. It could be difficult for anyone here or any other public forum to advise you on what to say. I believe that the response of many attorneys would be to ask you...

"What does the police report say?"

"What do other accounts of the accident say?" - video, eyewitness, the pedestrian themself, or other sources.

If GEICO took a recorded statement immediately after the accident, "What did you say there?"

These are some of the things that I believe an attorney would ask you if you consulted them for guidance.

If you find it difficult to prepare the report on your own, you could make arrangements with an attorney to sit down with you and review everything. That is something outside this forum, and any arrangements for that would be between you and any attorneys you reached out to. Good luck

1 user found this answer helpful

A: Addendum - There are probably more facts and details here than could be adequately addressed in a public forum. But just a point to keep in mind. The use of the word "disbelief" may not serve you well. I realize you want to express the fact that the path of the pedestrian may have caught you by surprise, but an outside observer (such as a juror) might have sentiments that the operator of a motor vehicle should be vigilant to all nearby pedestrians, unless the pedestrian emerged out of nowhere, such as running out from between parked cars on a dark street. Good luck

Stephen Bilkis
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Answered

A: I'm sorry to hear about the accident you're experiencing. Handling your GEICO report accurately is critical to ensure a fair assessment of your claim and to protect your interests.

When completing an insurance report, it's important to provide a clear, truthful, and detailed account of the incident. Your proposed statement—"I was driving north of Still Road and the pedestrian was walking southeast of Still Road. Afterward, the pedestrian crossed the white lane on the side of the road and entered my lane. I was in disbelief to see that the pedestrian had crossed into my lane and collided with my car's right mirror."—is a factual description of the events. Ensuring that your narrative is consistent with your initial report is important, as discrepancies can lead to complications or delays in processing your claim.

Avoid including subjective feelings or opinions, such as "in disbelief," as these can be interpreted differently and may not add value to your factual account. Focus on the objective sequence of events: your direction of travel, the pedestrian's actions, and the point of collision. Providing accurate details like the location, direction of movement, and the specific part of the vehicle involved helps GEICO assess liability and damages more effectively.

It's also advisable to gather and submit any supporting evidence, such as photographs of the accident scene, witness statements, and medical reports if applicable. Documentation strengthens your claim and provides a clearer picture of the incident.

If you're uncertain about how to present your report or concerned about potential repercussions, consulting with an experienced personal injury attorney in New York can be beneficial. They can guide you through the reporting process, ensure that your statement is comprehensive and accurate, and advocate on your behalf to maximize your compensation.

Disclaimer: This response is based on the information provided and is intended for general informational purposes; it is not legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.

A: Whatever you do, do not lie in your report to GEICO. If you have already told police you did not see the pedestrian, and presumably you told the police the truth, to now tell GEICO a different story could cost you your insurance coverage. You have a duty to cooperate with your insurance company and that includes being completely truthful with them, good or bad, so that they can evaluate and adjust the claim. If the claim is not quickly settled and a lawsuit commences, you will eventually be asked under oath what happened. You will need to give a truthful answer or risk a charge of perjury. If you have told the police something very different that what you appear to now be claiming happened, you will have to explain that discrepancy.

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