West Virginia Record

Friday, November 22, 2019

Vehicle crash victim alleges GEICO refused to pay correct amount of damages


By Noddy A. Fernandez | Nov 23, 2018

Car accident 44

MARTINSBURG — A Jefferson County vehicle owner is suing GEICO, alleging breach of contract for crash injuries to the plaintiff.

Roberto N. Depetris filed a complaint in U.S. District Court for the Northern District of West Virginia against GEICO, Jessica Riddle and John or Jane Doe, alleging the defendants breached the insurance contract by failing to pay the plaintiff the correct amount for damages he sustained under uninsured motorist coverage.

According to the complaint, in June 2017, Depetris began physical therapy after suffering a vehicle collision. As a result of the uninsured motorist's negligence, Depetris says he has incurred more than $18,000 in medical expenses and he continues to need treatment for his injuries. 

Despite making claims under his automobile policy with GEICO to protect him from financial and other losses, the suit says the defendants offered only $5,000 to Depetris in exchange for GEICO's release for "any and all claims resulting from this loss." 

The plaintiff alleges GEICO, Riddle and John or Jane Doe refused to pay claims without conducting a reasonable investigation based upon all available information. The suit also says the defendants failed to promptly provide Depetris with a reasonable explanation for denial of the claim or for the offer of a compromise settlement.

Depetris seeks trial by jury, compensatory and punitive damages of more than $75,000, pre- and post-judgment interest, and all further lawful relief. He is represented by attorneys Laura C. Davis and Andrew C. Skinner of Skinner Law Firm in Charles Town.

U.S. District Court for the Northern District of West Virginia case number 3:18-cv-156

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U.S. District Court for the Northern District of West Virginia Martinsburg DivisionJefferson Circuit CourtSkinner Law Firm

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