Despite the police report which clearly said the other driver caused the accident by not allowing safe distance between her and me, GEICO—the other driver's insurer—tried to charge me 20% of the loss, saying that both drivers were moving into the same lane at the same time. It also paid me only 80% of the insurance deductible. I did not agree, and eventually the matter was brought to an Inter-Company Arbitration (ICA) panel on July 27th, and a hearing was scheduled on August 10th.
And yesterday, my agent (an arbitration specialist) got back to me with this:
August 01, 2007
Claim Number <withheld> Date of Loss 04/15/2007
Dear Minsung Kim:
We have received the decision from Inter-Company Arbitration. Their decisions are binding and final. The comments provided by the Arbitration Forum were as follows:
Esurance proved 100% liability against Geico Insurance
This is an award to Esurance of 100%. We have issued $ 100, which represents 20% of your deductible and mailed to the above address.
If you have any further questions on this matter, please contact the undersigned.
On Behalf of Esurance Property and Casualty Insurance Company
<phone number and email address withheld>
Apparently the panel found that the evidences (presented by my insurer) were clear enough to base their decision upon, even without the need for a hearing. I asked my agent if this implied 1) that the other driver was 100% at fault and 2) that GEICO would be unable to hold Esurance or me liable for damages and injuries occurred in this accident, and she said yes.
However, she also said that the other driver could still decide to bring the claim to the court, although in my opinion that would be a stupid thing for her (the other driver) to do, especially when the police report and the ICA decision, both of which could be admitted into court as a supporting evidence, were against her.
We'll see how stupid the other driver is, but it seems that this case is finally coming to an end. I can't say I'm not happy. :D