I was hit from behind while at a stop light (in California). I did everything I was supposed to (stopped and waited). This lady slams into me. We exchange info and she accpets responsibilty. Now her insurance (Progressive) claims they can't pay the entire cost of the repairs and a rental for me while mine is the shop. This due to her policy only covers up to $5,000.00. They told me I have to go through my insurance (which means $500.00 copay and no rental car help) and my insurance would get the $5000.00 and no more. Which means I am paying around $2000.00 for someone slamming into me when I shouldn't have to pay anything.
Has this happened to anyone else? Is it worth getting a Lawyer and pressing charges?
2007-08-09 03:03:07 · 10 answers · asked by Anonymous in Cars & Transportation ➔ Insurance & Registration
I am an insurance adjuster but have never handled CA claims, thank the lord. However let me suggest the following as a possible way for you to keep from losing any money and not have to sue the lady. Suing her would only cost you more time and money and winning in small claims court does not guarantee payment.
I have handled many claims like yours from both sides of the situation. I would suggest that you use your collision coverage and pay your $500 deductible.
If I was the company that insured the people in your position here is what I did.
I would talk to both my policyholder and the adjuster for the person with low limits. I would tell the low-limit company that they should pay you your deductible and the rental money and my company would take whatever is left over of the low limits. That way my policyholder didn't take it in the shorts and my company, who could afford to take less money, made a positive impression on a customer.
Your company may not go along with that, but you have nothing to lose by asking them. Progressive should go along with it as they are going to pay the 5k no matter what and I doubt they care how it gets split.
I suggest that you talk to your company adjuster ASAP about doing this. If they understand customer service and customer retention they will go along with it.
Good Luck
2007-08-09 04:33:06 · answer #1 · answered by fighting saints 6 · 1⤊ 0⤋
The fault is on the person who caused the accident. The first person in line was at a safe stop and so were you so neither of you were at fault. The person who rear ended you is at fault for traveling too fast or not leaving enough space to stop in time. You left enough space and were slow enough to stop in time. You did not cause an accident. Had you rear ended the front vehicle and then got rear ended both you and the person behind you would be at fault. That being said, unless you can find out who the person behind you is, I'd contact your insurance and see if they have coverage for you. If you don't have collision coverage they will not repair your vehicle. However you should have liability coverage, if you have that it will protect you should the front vehicle try to say you were at fault. Either way I would contact your insurance to report it.
2016-05-17 22:12:19 · answer #2 · answered by johanna 3 · 0⤊ 0⤋
Lawyer? For what? It's simple -- the lady has run out of money on her policy -- game over, dude. Her insurance company CANNOT legally pay one dime above what her policy limits are. Ask your company if they will subrogate her personally for the difference (this is done in most states, though California is in a world of their own). If sucessful, your insurer will reinburse your deductible when the money is collected. No need for a lawyer at this time.
2007-08-09 07:22:48 · answer #3 · answered by Anonymous · 0⤊ 1⤋
Hiya:
Pressing charges is not going to accomplish what you need. Your entire issue is that the woman didn't carry enough insurance for the damage she did to your vehicle. That's akin to not having enough cash in the bank to cover a check. It's going to bounce........
What you need is for your car to be repaired. Let your insurance company handle the repairs. I know it SUCKS having to pay your deductible in a situation like this but.......
When your insurance company gets the money from progressive - your insurance company has to give you whatever percentage of your loss that they recover. If they recover 75% of your damages? They have to give you 75% of your deductible back.
Chances are, if they recover a significant portion of the loss, they will not go after the woman directly.... You should be able to go after her for your documented REASONABLE rental expenses (usually in small claims court). You won't have any recourse for going back after her for your deductible. You agree to give your rights of subrogation (the right to collect from the at fault party) to your insurance company once they pay for the damages to your vehicle.
Hope that all makes sense. Goodluck!
~jifr!
2007-08-09 03:21:59 · answer #4 · answered by Jifr 4 · 2⤊ 0⤋
The best thing to do would be to talk to your insurance company and see what they say. They will have more inside information, and Progressive may not be telling you the whole story.
If need be, you may have to take her to court to collect for the rest of the damages.
Good luck!
2007-08-09 03:16:34 · answer #5 · answered by Anonymous · 1⤊ 0⤋
File the claim with your insurance company and let them fight the battle with her company. That's what you're paying them for. If you have uninsured/underinsured motorist coverage you should be fully covered. If not you'll have to come up with your collision deductible but when your insurance company gets reimbursement from hers you'll get that back. You insurance company may even waive that up front if they are confident that her coverage is valid.
2007-08-09 03:14:22 · answer #6 · answered by Bostonian In MO 7 · 1⤊ 0⤋
progessive should have to pay for the damages and rental car until ur car is fixed. thats why u have insurance policies. even if that lady only had liability, her insurance should pay for damages and give u a rental. now on her side, if she only did have liability, shes not getting anything out of it. i suggest calling progessive and pretend that ur interested in buying a policy with them and ask them if this ever happens what will they do. make sure that u get that persons name & extention. and just get a quote so they wont be suspicous. if they say that they will pay for the damages to the other car if its ur fault, then of course whoever told u that they wont pay for the total damages is lying. then get a lawyer..
2007-08-09 03:14:39 · answer #7 · answered by Anonymous · 1⤊ 2⤋
Yet another reason not to live in California. I suppose the ridiculously low $5,000 limit on her policy is to cater to mexican illegals who could not afford to pay for better coverage. Oh wait, I forgot, they don't even have insurance. Oh, and they don't even have a driver's license. Oh, and the car was probably stolen... oh, yet more reasons not to live in California.
In New Jersey you have to have a few hundred thousand coverage, but when the illegals take over I suppose the madatory insurance requirements will drop down to next to zero, too.
Blame it on the Bush administration, butt-kissers to the illegals.
2007-08-09 03:10:33 · answer #8 · answered by Anonymous · 3⤊ 2⤋
Your insurance will have to go after the others' insurance company. You shouldn't have any out of pocket expense. YOU were not at fault. Good luck.
2007-08-09 03:08:59 · answer #9 · answered by Anonymous · 2⤊ 1⤋
You have to take the other person to court for the money.
2007-08-09 03:06:51 · answer #10 · answered by Gottaloveher 5 · 2⤊ 1⤋