Dealing with progressive insurance co. - PeachParts Mercedes-Benz Forum

JHZR2 · #1 08-03-2004, 02:00 PM

Hi,

As many of you know, my pristine 83 300D was rearended by an inattentive driver, thus causing a 4-car accident. I just got the report and found a few disconcerting things:

-The owner of the car was not the driver, and they do not even share the same last name
-The owner's insurance company is Progressive

From searching the archives, I have found that the experiences with progressive have been quite poor. I would very much appreciate heaaring of your experiences with progressive, as well as what you ended up having to do to get an acceptable settlement.

Also, if I need to sue the vehicle that hit me, because my 'old high mileage car' is worth more than all offers made, would I typically sue the driver or car owner?

Many thanks,

JMH

dieseldiehard · #2 08-03-2004, 02:39 PM

Palangi also had to deal with Progressive after a rear end accident, said some pretty awful things in the thread:
http://www.peachparts.com/shopforum/showthread.php?threadid=35274&highlight=insurance
Oh, I just saw you already posted on that thread,
Maybe you should ask your ins co to sue both parties!
Good Luck! DDH

jetslaw · #3 08-03-2004, 03:04 PM

If you have to sue, you'd sue both. The driver for negligent driving. The owner for allowing a negligent driver to use the vehicle.

rg2098 · #4 08-03-2004, 03:15 PM

thats sad to hear that

best of luck to you

JHZR2 · #5 08-03-2004, 03:26 PM

I don't think the insurance co will do anything, because we didnt carry collision or comprehensive. Apparently its all on us to get this settled correctly.

Ugh, lots of fun to look forward to.

JMH

Habanero · #6 08-03-2004, 04:50 PM

FWIW, I have progressive as my insurance carrier (maybe I'm getting screwed, maybe not) and have really had pretty good luck with them. The only time I have dealt with them was a minor claim for an accident that was not my fault and everything was handled pretty well. I think it sort of depends on who the local progressive vendor is.

RockinWagin · #7 08-03-2004, 05:00 PM

Ok, I reluctantly admit that I am an ..........................uh..................attorney. Licensed in Texas only. I have a lot of experience with insurance companies because I have represented insurance companies, represented insured persons under insurance policies, and have also sued my share of insurance companies.

1. Progressive has to pay you the "fair market" only. That is a matter of negotiation, but the insurance company uses an appraisal service that will find sales prices of "similar" vehicles. Do your own research and be prepared to argue based on facts and sales prices of similar cars and not on the intrinsic value of the car. The value of the car to you is of no consequence.

2. If you settle with the insurance company, then you have also settled with the owner/driver. You only get one shot at this. You can't accept what Progressive offers and then try to recover more from the owner/driver.

3. If you do not settle with Progressive, then you will need to sue the driver for negligence and the owner for "negligent entrustment." Negligent entrustment is difficult to prove. You would need to prove that the driver was a notoriously bad driver and that the owner knew that at the time the driver was authorized to drive the car.

4. If you sue the driver/owner, Progressive would hire the attorney to represent him/her/them. In Texas, and probably your state as well, you could not sue Progressive directly. As in no. 1, above, the issue at trial would be the fair market value of the car. There are rules in Texas that allow the owner (you) to testify as to the market value of the car, even though you are not an expert on fair market value.

Option 1 is better than option 4, unless Progressive is grossly low on the evaluation. Better because you would get the $$ now and not 6 months or a year down the road. Better because suing can be costly, stressfull, and you could end up with less than if you took the offer. On the other hand, in a court, it would be the jury deciding fair market value based on evidence and not the adjuster dictating to you what the car was not worth.

Like you, I am not carrying comprehensive insurance on my SD, only liability. I dread the day I get rear-ended here. Good Luck.

rickg · #8 08-03-2004, 05:12 PM

Ugh!! Progressive!! We have them. Still waiting for a settlement on an accident from a year ago. We turned it over to the state insurance commisionor's office. They just kinda went "Oh. Them. yes, we're getting alot of complaints about them".

Palangi · #9 08-03-2004, 09:32 PM

Please refer to my reply on the thread in Open Discussion.