What to Do If the Driver Who Hit You Has Geico Insurance

Geico (Government Employees Insurance Company) is one of the largest private passenger auto insurers in the United States. If you have been rear-ended by a Geico-insured driver in California, understanding how the claims process works — and what California law requires of Geico — is essential to protecting your recovery.

Understanding Third-Party Claims — What It Means When the Other Driver Has Geico

When you are injured by someone else's negligence, you pursue a third-party claim against that person's liability insurer. You are the third party — not Geico's customer. Geico's primary obligation is to its insured, not to you. Under California Insurance Code Section 11580, injured parties may proceed directly against the insurer after obtaining a judgment against the insured.

California Law Requirements for Geico's Claims Handling

Under California Insurance Code Section 790.03 and the California Fair Claims Settlement Practices Regulations, Geico is required to:

• Acknowledge receipt of your claim within 15 calendar days
• Accept or deny liability, in writing, within 40 calendar days after receiving proof of your claim
• Make a good-faith attempt to settle claims where liability is reasonably clear
• Not make unreasonably low settlement offers
• Not misrepresent facts or policy provisions to discourage a fair settlement

Step-by-Step: What to Do After Being Rear-Ended by a Geico-Insured Driver

1. Seek medical attention immediately — Even if you feel fine at the scene, whiplash symptoms frequently do not peak until 24 to 72 hours after the collision. See our guide to whiplash and soft tissue injuries after a rear-end collision.
2. Call 911 and get a police report — Under Vehicle Code Section 21703, the following driver is presumed to have violated their duty to maintain a safe following distance.
3. Exchange insurance information — Confirm the other driver's Geico policy number, vehicle information, and driver's license number at the scene.
4. Document everything — Photograph vehicle damage, road conditions, and the positions of both vehicles. Get names and contact information from witnesses.
5. Notify your own insurer — Report the accident as required by your policy.
6. Do not give Geico a recorded statement — As a third-party claimant, you are not required to do so. Recorded statements are routinely used to minimize claim values.
7. Consult a personal injury attorney before accepting any offer — Early offers are almost never final numbers and are made before your full injuries are known.

What Damages Can You Recover From a Geico Insured?

• Medical expenses — emergency room, imaging, chiropractic care, physical therapy, specialist consultations, and future medical treatment
• Lost wages — income lost while recovering, and future earning capacity if the injury has lasting effects
• Pain and suffering — California imposes no cap on non-economic damages in claims between private parties
• Property damage — vehicle repair or replacement value
• Out-of-pocket expenses — transportation to medical appointments and other costs flowing from the accident

Why Geico's Early Settlement Offer May Not Reflect the Full Value of Your Claim

It is common for Geico to contact rear-end accident victims quickly with an early settlement offer. An early offer is made before your full medical picture is known. Once you accept a settlement and sign a release, that is final — there is no recourse if injuries prove more serious. See our post on whether Geico's first settlement offer is fair for a full analysis.