Question: What do i have to do to be covered by guilty party's insurance in an auto accident?

(Posted by: Andrea Salomone on 2010-07-27 10:09:47)

I filed claim with Progressive against one of their insured drivers, and they have just told me that they investigated and that their driver is not liable for my car accident. Let me give you some back story here: I was driving down a 2- lane highway in the left lane (going about 70- 75 in a 65). another driver was next to me in the right lane, when a 3rd driver speeds up right behind my car. Since I can't move over, I tapped my brakes to let the driver behind me know they needed to slow down. They proceed to flick me off and whatnot, then as soon as there's a gap in between my car and the car next to mine, the offending driver pulled up next to me, rolling down their window to flick me off some more. I thought this would be the end of the situation, but then the driver VERY aggressively turns their wheel toward me to run me off the road. Though the car made no contact, I tried to protect myself by swerving out of the way, in which I consequently lost control of the back end of my car. I hit the brakes and my car spun around, subsequently hitting the guard rail with my rear bumper. The offending driver drove off, and I did not get the license plate. BUT, TWO (yea that's right TWO) witnesses saw the accident and called the police with the other driver's tag number. The officer who filed the police report informed me that the other driver was issued a ticket for their actions. Fast forward to 3 weeks later, and insurance calls and repeating my story about 5 times, and Progressive (offending party's insurance) hasn't updated me on my claim. So I call them, and they said they concluded the investigation, and since their driver told them that he wasn't on that stretch of road and he didn't cause the accident, that their insurance is not liable for damages. So now I have to pay the $500 deductible and pay more on my insurance because this jerk says "I didn't do it? " There are TWO witnesses and a TICKET. What do I do?? If this person was not driving, I would not have been in an accident that day.

Posted by: LT on 2010-07-27, 10:20:11

That is what happens when you deal with their insurance, not yours. Turn this over to your insurance company and let them deal with it .... you pay them to do so. Of course his insurance is going to take the other persons side, that is what he pays them for. Sorry to inform you but my guess is that their insurance will not pay anyhow since he was not in contact with your car.

Posted by: Bostonian In MO on 2010-07-27, 10:28:52

Why did you not file the claim with YOUR insurance company? That's what your policy says you are supposed to do! Depending upon what you told the other party's insurer, you may have screwed yourself by dealing with the wrong insurance company. YOUR insurer has a fiduciary duty to both defend you and vigorously pursue any claims on your behalf. The other guy's insurer has the same fiduciary duty to him. That translates to you as a duty to screw you into the ground and beat you to death with hammers if that's what it takes to avoid paying a claim. NEVER deal with the other party's insurance company! EVER! Going back for a second read, you would have been hard pressed had you gone through your own insurer. You admitted to breaking the law (speeding) and hitting the brakes. Since there was no contact between you and the jerk that you were road-raging with your case is EXTREMELY weak. Worse yet, admitting to the other party's insurance company that you were breaking the law in the fist place and participating in a road rage incident pretty much seals your fate as far as your insurance company being able to do much if anything at all for you. Had you been observing the speed limit and ignored the other jerk on the road there's every chance that your accident never would have happened at all.

Posted by: oklatom on 2010-07-27, 10:33:24

I filed claim with Progressive against one of their insured drivers, and they have just told me that they investigated and that their driver is not liable for my car accident. But that isn't the end of it. When you pay the deductible and get the vehicle fixed, your insurance will go after the other insurance to be reimbursed and if they are, you will get your $500 back also. But don't be surprised if the other party is not found at fault. "Though the car made no contact, I tried to protect myself by swerving out of the way, in which I consequently lost control of the back end of my car " is the reason. But with the ticket and the witnesses, your insurance stands a very good chance of collecting. I do wish you well.

Posted by: Gambit on 2010-07-27, 14:51:22

If Progressive won't admit liability then you will have to go to court and have a judge hold the other driver liable. Your insurer is NOT going to change Progressive's position, only a judge can.