Do I have some sort of a legal right to a car insurance settlement?

[JHZR2]

Hi,

This has been going on for just about a year now. My nice 83 MB 300D turbodiesel was destroyed by a girl, while driving on I-95 in PA.

First off, let me say that progressive insurance is the biggest bunch of maggots out there, and have been giving me the worst run-around possible. Id never, ever buy a policy from them.

So, for a year now, there has been no settlement. I have ended up going to small claims court, and won a kelley blue book value for my car (not enough to replace this sort of a car, the valuations are worthless for finding a decent car with no rust, etc), which at least is starting to get somewhere.

Now they are appealing. The girl caused 2 other cars to be damaged, and since those two drivers have not so much as filed claims against progressive (originally progressive maintained that they had no coverage for the driver, so they would not settle claims, so they became uninsured motorist claims with their respective companies, and repaitrs were done quickly, because my cart took most ALL of the damage). Progressive claimed that since the pot for settlement is only so large, that they have to appeal, and wait 1 more year for all claims to possibly come in.

So now my options are to pay $1-2000 for a lawyer to do the appeals court paperwork (we went to the courthouse and they didnt so much as have the forms or information on them), on a $2600 judgement, or else apparently, since they appealed, if we do not do this, then the judgement is worthless and the driver is essentially off the hook.

Do I have a right to a settlement because my property was damaged? We filed a claim with progressive a LONG time ago.

If this was my only car, Id be so screwed... Its absolutely ridiculous.

Im tempted to start filing complaints as of today, before any chance of any settlement even exists. THis is absolutely absurd.

So, those of you who have gone through insurance claims before, isnt the at-fault insurance company obligated to settle with you?

Thanks,

JMH

 

[Al]

So Progressive appealed the small claims verdict?? On what grounds?? Seems like its a paperwork problem for them. Have they changed their tune about the girl not being insured by them?? I didn't think you could appeal a small claim's judgment. Just file again?? The whole situation is hopelessly screwed up.

At least my response will bump it up again

 

[kenw]

if you use a lawyer (i think it may be time to do so), you can get his fees paid by them if you are successful.

find a lawyer and good luck.

 

[keith]

I think Progressive must be a difficult company to deal with.

Near where I live, there is a Progressive office. Most days, there is a minivan parked outside with huge placards saying that Progressive are crooks and won't pay out. Another satisfied customer.

The insurance game is quite simple - charge as much as you can and pay out as little as you can. Within those parameters, some companies are more ethical and fair than others.

Good luck with your claim. Sounds like you need that lawyer and I won't be getting Progressive coverage any time soon.

 

[sbc350gearhead]

Did you have full coverage insurance on the car? I had a car totaled by a kid in his mom's suburban a few years ago. Nationwide insurance (the kid's insurance company) gave me a bunch of crap about it. I finally just called my insurance company and they paid the whole shabang and then sued nationwide for the money. Nationwide was furious since I refused to talk to them, their claims adjusters or their lawyers about the accident after I called my insurance company.

 

[Larry the Cable Guy]

Yeah, what he said. I think that your insurance company should go to bat for you. That is one of the things that you pay them for I believe.

Steve

 

[JHZR2]

We dont carry collision/comp on our cars... the thinking is that after hundreds of thousands of miles (probably more like millions), in one of the most densely-populated areas of the world, after 40+ years neither I, my parents, or grandparents have had any issues. So we dont carry it unless required.

Guess it came back around to bite me...

They (our ins. co.) were willing to take action when progressive had claimed the driver was uninsured. Since then, they determined that they were responsible for her liability.

UGH!!!!!


Thanks all!

JMH

 

[JayhawkRoy]

Yep, it's time for a lawyer. Part of your claim/counterclaim should include a request for reimbursement of lawyer fees and expenses if you win. Many insurance companies will stall, delay and otherwise ignore claims and judgments when possible, particularly if they are dealing with an individual. Your lawyer can explain your options to you and what the anticipated costs may be.

 

[Drew99GT]

JH, did you have any witnesses siding with you? Would it be a pretty clear cut victory for you do you think? Like I've said before, you may want to give this guy a call. He will fight for you if it looks like you're legit, totally free. Many times just the threat from him will get people to act. I recall listening to his show one day where he took a call from someone who was having problems with Progressive and he said they're a ****** company and he "deals" with them all the time. Good luck.

 

[Al]

quote:

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Originally posted by JHZR2:
We dont carry collision/comp on our cars... the thinking is that after hundreds of thousands of miles (probably more like millions), in one of the most densely-populated areas of the world, after 40+ years neither I, my parents, or grandparents have had any issues. So we dont carry it unless required.

Guess it came back around to bite me...

They (our ins. co.) were willing to take action when progressive had claimed the driver was uninsured. Since then, they determined that they were responsible for her liability.

---

I keep collision insurance on my cars..no matter how old they get bc of issues like yours. The cost of collision is pretty small compared to liability. You may want to reconsider it.

 

[ediamiam]

Collision only covers repairs to your car if you hit someone else. The liability component should cover damages to your vehicle on the other guys policy. Don't know how Progressive can claim no coverage for the other driver, since insurance is purchased on a per vehicle basis, not for the driver. Anybody should be able to drive the car as long as it is insured, are there are no policy riders excluding specific drivers. You need to keep at them, let them know you are not going away. A lot of times, insurance companies just pay off these small claims just to get them off the books. Use gearheads advice, and see if your own company will help you by subrogating off the other company. I would lodge a complaint with the state insurance commissioner to escalate the problem.

 

[GROUCHO MARX]

Before you contact a lawyer, contact the State Department of Insurance, I can't tell you how many times medical claims were resolved quickly and paid in my experience.

 

[Bugshu]

I dont know if it would help you but in the past Ive usually informed the insurance companies that Im going to charge them $35 per day for a rental car until they settle. They usually settle pretty fast.

Type up a bill and print it out and mail it to them. And then perhaps include the rental costs in your lawsuit claims.

Im not sure that you will need a lawyer for the small claims court but around here the car rental value clause seems to get insurance adjusters attention in a hurry.

I dont know about the laws back east.

Happy Motoring to You,

)

Bugshu

 

[haley10]

quote:

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Originally posted by GROUCHO MARX:
Before you contact a lawyer, contact the State Department of Insurance, I can't tell you how many times medical claims were resolved quickly and paid in my experience.

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I once had a major problem with a bogus insurance company. Rather than legal action, I called the State of Tennessee Department of Insurance and Commerce. While it was explained that they have no legal authority, it was resolved without a lot of legal expense.

This stonewalling seems to be a regular tactic. Talk nice to the State and they might jack 'em up with a realistic threat that this tactic could result in not being able to write policies in your State. Otherwise they will stonewall you forever.

Insuror's that are constantly unscrupulous can be refused the ability to write policies in the State.

Call your Insurance Commissioner's office. It won't hurt and sure helped me.

 

[Gary Allan]

Collision only covers repairs to your car if you hit someone else.


No, it also covers you if you are hit by someone else. You can just go and hit up the other insurance company ..and your agent would surely like you to save them the hassle ..but your insurance company will handle the claim. You will pay your deductable ..which you will get refunded to you when your insurance company recovers their costs for the offending driver's/owners company. You will not be charged any surcharge for this. You were not at fault. This is one of the services that you pay for.

 

[haley10]

quote:

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Originally posted by sbc350gearhead:
Did you have full coverage insurance on the car? I had a car totaled by a kid in his mom's suburban a few years ago. Nationwide insurance (the kid's insurance company) gave me a bunch of crap about it. I finally just called my insurance company and they paid the whole shabang and then sued nationwide for the money. Nationwide was furious since I refused to talk to them, their claims adjusters or their lawyers about the accident after I called my insurance company.

---

I had full coverage with Aetna in a similar situation and they would not do this. May depend on the State. Since the other party was liable I had to persue it myself. Took me 4 months to get payment after help from the State Insurance Commissioner.

Sad to say the lady who hit me paid premiums and thought she had good insurance through a local independent agency with a decent reputation. The company turned out to just be people that would stonewall and not pay claims until forced. They would admit liability but, just laugh at me and say we're not going to pay. Pretty outrageous.