In response to the above situation, as a claims
investigator I would have to ask why, if you were
on a one ln each direction roadway, at night, with
an oncoming car, you did not at least brake when you first saw that disabled truck on the side of
the roadway?
The truck was there to be seen and you are required to control your vehicle at all times.
While I agree that the truck driver has some negligence in your accident, too. You were
in the majority.
Anyone with basic claims experience would tell you the same. The bigger question by far is how GEICO handled the damages to the truck.
Since Ohio is a comparative negligence state, we would have been able to place at least some negligence on him too.
I would have handled your claim as an 80/20.
That's 80% on you and 20% on the truck for not having hazards or flares to warn traffic he was
disabled. GEICO did their best to protect you I
am sure.
I suppose you are lucky that the truck driver was not in between your car and his or they
may not have been able to. Especially if you were
carrying the minimum required liability limits
of 12,500/25/7,500. Hope this helps you understand that it is Geico's job to protect you
even when you disagree with us.