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  1. #1
    Join Date
    Dec 2020
    Posts
    1

    Question 4 Car Accident at Fault Insurance Policy Limits Might Exceed

    My question involves an injury that occurred in the state of: California

    Good Morning,

    My wife was involved in a 4 car accident in which the at fault vehicle the last one rear ended car in front of her and that car got pushed into my wife's car who's car then got pushed into another vehicle. The accident happened on the freeway and the at fault driver was negligent and ticketed for speeding. my wife's Audi Q5 was totaled along with the 2 other vehicles behind her. The at fault driver's insured is progressive and injury claim was placed. My wife finished her treatments and submitted a claim for $37k. Her medical bills/lost wages totaled about $17k and asking for $20k in compensation. Progressive called her stating that the insured policy limits may exceed as the car behind my wife's car the driver is suppose to be having spinal surgery and the insured has not given progressive authority to resolve my claim.

    1) what remedy's do i have to resolve my claim if progressive is stating the insured has not given them authority to resolve my claim?
    2) How long should i wait as she said they will follow up in 30 days.
    3) What have others done in this situation to resolve the claim? should i hire a personal injury lawyer? i did everything my self so far.

    Please advise what remedy options i could have.

    thank you

    Jay

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: 4 Car Accident at Fault Insurance Policy Limits Might Exceed

    First thing you have to understand is that Progressive is not your insurance company and has a contractual obligation to protect its own insured, even when its insured is at fault.

    When more than one accident victim makes a claim, the at-fault driver's insurance company has the right and the obligation to defer settlement until both claims are quantified. The more serious claim is going to take longer.

    1) what remedy's do i have to resolve my claim if progressive is stating the insured has not given them authority to resolve my claim?
    Only one. Wait.

    2) How long should i wait as she said they will follow up in 30 days.
    Wait 30 days for the follow up. Though, with surgery, I'd guess that the other claim may take much longer.

    3) What have others done in this situation to resolve the claim?
    Under the same circumstances, they waited.

    should i hire a personal injury lawyer?
    That's up to you. It won't get the claim settled any faster and would cost you 1/3 of the settlement.

    FYI. Progressive apparently writes split liability limits and single limits. A lot depends on which option its insured has on his/her policy. A single limit would have to be pro-rated among all injury and vehicle damage claims. That's going to be complicated, especially if the driver only has the state's required minimum. See if the Progressive adjuster will tell you what the liability limits are, then come back to discuss.

  3. #3
    Join Date
    Feb 2020
    Posts
    750

    Default Re: 4 Car Accident at Fault Insurance Policy Limits Might Exceed

    We are all familiar with an uninsured motorist policy, but do you have an underinsured policy? Looks like you could use it.

  4. #4
    Join Date
    Jul 2018
    Posts
    2,745

    Default Re: 4 Car Accident at Fault Insurance Policy Limits Might Exceed


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