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  1. #1
    Join Date
    Aug 2010
    Posts
    2

    Red face Progressive Insurance Driving Me Crazy

    My question involves insurance law for the state of: Virginia

    Greetings All,

    I was hit from the rear several months ago by a State Farm driver. I take the car to a body shope get an estimate of $3500, State Farm reviews it and sends me a check for the amount. I get the car out of the shop without fixing it because it was still drivable and few days later I get hit from the rear again by a big pickup truck. This driver has Progressive insurance. the car is not drivable this time and when I take it to the shop they tell me that it is totalled and give an estimate of 9000. the car is worth 7500. progressive insurance investigates and contacts state farm about the previous accident. state farm gives them pictures of previous damages. progressive tells me that they will only give me $200 and nothing more because they beleive the car should have been declared totaled from the first accident. after arguing with them for a week they end up sending me a check for $200 and stick me with the tow bill to the shop and storage fees for the time the car was in the shop while they were investigating.so not only i lost my car but had to pay $1200 out of my pocket so that the shop does not put a lein on my car. So now i want to take progressive to court for this issue and do not know how to start the process. If anyone out there has any suggestions or advice please help me out. Thanks

  2. #2
    Join Date
    Mar 2009
    Location
    Oregon now, but will probably end up back in Nevada someday
    Posts
    241

    Default Re: Insurance Will Not Pay for My Totaled Car

    What did your insurance company say when you talked with them about it?

  3. #3
    Join Date
    Aug 2010
    Posts
    2

    Default Re: Insurance Will Not Pay for My Totaled Car

    They are saying that the damages look the same as the damages from the first accident so the first insurance company is responsible for the car. and the first insurance company is saying that the estimate at that time was only $3500 so that is all that they are responsible for.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,658

    Default Re: Insurance Will Not Pay for My Totaled Car

    They sent you a check without your signing any documents? If you signed something, what exactly was it - they usually would require a release.

  5. #5
    Join Date
    Jan 2006
    Posts
    28,298

    Default Re: Insurance Will Not Pay for My Totaled Car

    Quote Quoting mountzrus
    View Post
    My question involves insurance law for the state of: Virginia

    Greetings All,

    I was hit from the rear several months ago by a State Farm driver. I take the car to a body shop get an estimate of $3500, State Farm reviews it and sends me a check for the amount. I get the car out of the shop without fixing it because it was still drivable and few days later I get hit from the rear again by a big pickup truck. This driver has Progressive insurance. the car is not drivable this time and when I take it to the shop they tell me that it is totaled and give an estimate of 9000. the car is worth 7500. progressive insurance investigates and contacts state farm about the previous accident. state farm gives them pictures of previous damages. progressive tells me that they will only give me $200 and nothing more because they believe the car should have been declared totaled from the first accident. after arguing with them for a week they end up sending me a check for $200 and stick me with the tow bill to the shop and storage fees for the time the car was in the shop while they were investigating.so not only i lost my car but had to pay $1200 out of my pocket so that the shop does not put a lein on my car. So now i want to take progressive to court for this issue and do not know how to start the process. If anyone out there has any suggestions or advice please help me out. Thanks
    first, you do not sue the insurance company. You sue the person that cause the damages.

    If you had an estimate for $3500 for the first accident, then that is what the damages were considered to be.

    the car is worth 7500.
    Now, before the second accident, or if it were repaired?

    You do not get the $3500 from the first accident again. You never repaired that so there was at least $3500 worth of damages existing when the second accident happened. What the at fault party in the second accident owes you is the damages they caused and nothing more.

    So, what you want is an estimate of the additional damages you incurred. While that is not all that easy, the simplest way to get some idea would be to take the second accident estimate and remove all of the items that are included in the first estimate. The remainder is your additional damages.

    Now, you have to also have the car evaluated for it's value after the first accident but before the second accident. The second at fault party would owe you no more than that regardless what the total damages (attributable to them) total.

    Then, when you get all that figured out, you sue the at fault party of the second accident for that amount.

    and if they sent you a check and it included a release of claims and you cashed it, you are pretty much SOL.

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