A Step-by-Step Look at How Our Lawyers Handle a GEICO Injury Claim

Steven A. Bagen | October 14, 2024 | Personal Injury

When you hire Steven A. Bagen & Associates, P.A. for a GEICO injury claim, we immediately take over all communications and begin building your case on a foundation of solid evidence. 

We start by filing your Personal Injury Protection (PIP) claim to secure your initial medical benefits under Florida’s no-fault law, while simultaneously launching an independent investigation into every detail of your accident. This ensures you are able to access medical care without delay, since Florida law requires you to seek treatment within 14 days to be eligible for PIP benefits.

We understand that GEICO’s streamlined process feels impersonal and is designed to minimize what they pay. Their business model relies on closing claims quickly, which is not always in your best interest. Adjusters may use various strategies to convince you to accept less than you need, especially if you do not have legal representation.

Our approach is designed to counter their speed with substance. We meticulously document not just your immediate injuries, but the long-term financial and personal impact. This process ensures the full value of your claim is established before we ever enter negotiations. We believe that a claim’s strength lies in the evidence and documentation gathered, and there is no time to waste in that process.

You are dealing with enough while recovering from an injury. The dense requirements of an insurance claim, governed by the detailed statutes in Florida’s Insurance Code, should not be your burden to bear. The law is complicated, and insurance policies contain details and exclusions that are confusing even for a well-trained lawyer.

You do not have to figure this out on your own. For a free, confidential consultation about your GEICO claim, call us at (800) 800-2575.

The First 24 Hours: How We Immediately Protect Your Rights

The moments after you retain our firm are focused on one thing: shifting the legal and administrative burden from your shoulders to ours. Here is what we do right away to protect your rights from the very start.

We Take Over All Communication

Our first action is to send a formal Letter of Representation to GEICO. This letter legally instructs them to direct all future phone calls, emails, and letters to our office. This immediately stops the adjuster from contacting you, preventing the possibility of them using your innocent statements to undermine your claim later.

We Activate Your Financial First Aid

We ensure your PIP benefits are filed correctly and promptly. This coverage is your financial first aid, releasing up to $10,000 to pay for 80% of initial medical care and 60% of lost wages, regardless of who was at fault. This is a mandatory coverage for most Florida drivers and is designed to get you immediate help. Correctly filing this claim is a priority, as it opens the door to the compensation you need for your immediate recovery.

We Begin Preserving Critical Evidence

Time is a critical factor after an accident. We guide you on safeguarding immediate evidence you may have—like photos from your phone or contact information for witnesses—while we launch a formal preservation effort. This involves sending official requests to secure evidence that can disappear, such as security camera footage from nearby businesses or data from the vehicles involved.

Phase One: Building a Case Designed to Withstand Scrutiny

While GEICO will conduct its own investigation, our independent inquiry is designed solely to document the full extent of your losses and establish a clear, undeniable narrative of what happened and how it has affected you.

A Meticulous Investigation Beyond the Police Report

The initial accident report is a starting point, not the whole story. It contains basic information but may lack the detail needed to prove liability conclusively. 

• Scene Analysis: We secure high-resolution photographs, diagrams, and video footage from traffic or security cameras that show how the collision truly happened. In some cases, this may involve returning to the scene to document road conditions and sightlines.
• Witness Interviews: We locate and interview witnesses to get their unbiased accounts of the event. A statement taken shortly after an incident is often more detailed and reliable than one taken months later, providing powerful support for your case.
• Data Retrieval: Modern vehicles are masters of data collection. In complex cases, we may work to retrieve data from a vehicle’s Event Data Recorder (“black box”), which can provide critical, objective information on speed, braking, and steering moments before impact.
• Regulatory Compliance: If a commercial truck was involved, the case becomes more complex. We investigate whether the driver and company complied with federal safety regulations, such as those in 49 CFR Parts 390-399. Violations of these rules are strong evidence of negligence.

Documenting the Full Human Cost of Your Injuries

Insurance adjusters may argue that an injury is not as severe as claimed or was the result of a pre-existing condition. We counter this by building a comprehensive medical narrative that shows the clear link between the accident and your current condition.

This involves gathering and analyzing:

• Complete Medical Records: We collect every record related to your injury, from the initial emergency room visit and paramedic reports to ongoing physical therapy, specialist consultations, and diagnostic imaging. This creates a timeline that GEICO cannot easily dispute.
• Medical Bills and Future Costs: The financial burden of an injury rarely ends with the first hospital bill. We compile every bill and, when necessary, work with medical and economic planners to project the costs of future surgeries, lifelong medication, assistive devices, and rehabilitative care.
• Impact Statements: An injury rewrites aspects of your life. We document how the injury has affected your ability to work, care for your family, and enjoy daily activities. 

Phase Two: The Valuation and Formal Demand

Once we have a clear picture of your long-term prognosis and financial losses, we move to the valuation phase.

Calculating the Full and Fair Value of Your Claim

We calculate your losses, known legally as damages, by separating them into two categories. 

• Economic Damages: These are the tangible, verifiable financial losses you have suffered. This includes every medical bill that has landed in your mailbox, every lost paycheck from time away from work, and every out-of-pocket expense for things like prescriptions or transportation to doctor’s appointments. 
• Non-Economic Damages: These are the intangible, human losses. This is compensation for the pain, suffering, emotional distress, and loss of quality of life you have endured. While there is no receipt for this kind of suffering, we carefully document its impact to justify a fair value for these profound losses.

Assembling and Submitting the Demand Package to GEICO

Our demand to GEICO is a comprehensive package that presents a clear, evidence-based argument for why they should pay the full value of the claim. It is built to show we are prepared to prove every single point, discouraging lowball offers and delays. The package includes a detailed narrative of events, a thorough medical summary connecting your treatment to the accident, copies of all bills and proof of lost income, and our legal analysis of why their insured is liable.

Phase Three: The Negotiation Process

How We Respond to a Low Settlement Offer

We anticipate the first offer will be low. It’s a standard tactic called “anchoring,” where the insurer sets a low baseline to influence your perception of the claim’s worth. We provide a point-by-point rebuttal, using the evidence we have already compiled to counter their reasoning. If they argue about the necessity of a medical treatment, we point to the specific findings in the specialist’s report. If they challenge lost wages, we provide the payroll records and a letter from your employer.

Addressing Defenses Like Comparative Negligence

GEICO may argue that you were partially at fault for the accident to reduce the value of your claim. This legal concept is called comparative negligence. Under Florida’s modified comparative negligence law, if you are found to be more than 50% at fault, you are barred from recovering any compensation. We use accident reconstruction data, witness statements, and physical evidence to demonstrate the other party’s true degree of fault and protect the full value of your claim.

When Negotiations Stall: The Decision to File a Lawsuit

While most claims are settled out of court, we prepare every case as if it will go to trial. If GEICO refuses to offer a fair settlement that fully covers your damages, filing a lawsuit is the next step. This action signals that we are serious and will not accept an unjust offer on your behalf.

How a Lawsuit Can Motivate a Fair Settlement

The act of filing a lawsuit moves a case into the hands of a different team at GEICO—their litigation department—which may have more authority and a different risk calculation when it comes to resolving the claim. The discovery process that follows a lawsuit filing allows us to formally request information from GEICO and depose their insured under oath, which might uncover additional facts that strengthen your case and increase pressure on them to settle fairly.

Holding an Insurer Accountable for Unfair Practices

Florida law requires insurance companies to act in good faith when handling claims. This means they cannot deny a valid claim without a reasonable basis for doing so or engage in unreasonable delays. If GEICO’s conduct crosses the line from negotiation into unreasonable denial or delay, Florida Statutes § 624.155 gives you the right to pursue a claim for bad faith. This is a separate legal action that can hold them accountable for their unfair practices and may result in damages exceeding the original policy limits.

Let Us Handle the Claim, So You Can Focus on Healing

The path to securing fair compensation is a world of deadlines, evidence requests, and strategic negotiations. This is not a burden you should carry while trying to recover your health and stability.

Your job is to get better. Our job is to handle everything else. Let our experience be your guide and your advocate. 

Call Steven A. Bagen & Associates, P.A. today at (800) 800-2575 for a free and comprehensive review of your GEICO injury claim.

Frequently Asked Questions About How We Handle GEICO Injury Claims

Should I give a recorded statement to the GEICO adjuster before hiring you?

We strongly advise against it. Recorded statements are a tool for the insurer. Adjusters are trained to ask questions that can be used to find inconsistencies in your story or to get you to inadvertently say something that hurts your claim. Once you hire us, we handle all communications to protect your interests.

What if GEICO claims my injuries were from a pre-existing condition?

This is a very common defense tactic. We address it head-on by working with your doctors to obtain clear medical opinions. These opinions will carefully distinguish your new injuries from any prior conditions or explain how the accident aggravated a pre-existing condition, which is also compensable under Florida law.

How long does it take to settle a GEICO injury claim in Florida?

The timeline varies significantly depending on the complexity of the case and the severity of your injuries. A straightforward claim with minor injuries might resolve in a few months. A complex case that requires extensive medical treatment and a lawsuit could take over a year. Our priority is to secure a fair outcome, and we will never sacrifice that for a quick one.

How does your firm get paid for handling my case?

We handle personal injury cases on a contingency fee basis. In simple terms, this means we only get paid if we successfully recover money for you. Our fee is a percentage of the total recovery, so there are no upfront costs or out-of-pocket expenses for our legal services. You pay nothing unless we win.