Other party insurance finds partial fault, cannot subrogate

[insureddriver]

It is impossible to go around the right because there are parked cars. Yes, the driver went around me from the left. I'm told that people do this often in NYC. Progressive said their driver honked (NYC drivers are impatient and will honk at the slightest delay) and said he was waiting for minutes (which I think is an exaggeration. What if he said he was waiting for hours?). I told him I'm going to take as long as I feel that it is safe for me to make a left turn, and not any sooner. They insist that I should have maintained proper lookout for their driver who came from behind, although they said he should have yielded and is mostly at fault.

 

[ehall2]

A lot of companies use these tactic to not pay a claim. The one you had experience with is the worst. We had a tornado in our town a year ago and the state insurance commissioner had several people here to help with claims. I had to take some info to the reps from the commissioners office. I talked with the reps about different things pertaining to insurance and one of the guys asked me, "Do you do much business with progressive?" I responded, "only if I have to." Then he said, "yeah, they will use that contributory negligence every time than can, won't they?" So you know there must be a lot of complaints filed with the insurance department for one of the investigators to make that comment. However, GEICO is the worst.

 

[junkman]

Progressive won't like it if you sue their insured. The other driver went like being sued because he paid Progressive to indemnify him. I'd sue. Small claims are easy and cheap and go up to $50,000 (in TN).

 

[VolAgent]

Progressive won't like it if you sue their insured. The other driver went like being sued because he paid Progressive to indemnify him. I'd sue. Small claims are easy and cheap and go up to $50,000 (in TN).

This is his best bet. The only question is the amount worth his time and effort.

 

[junkman]

It probably isn't worth his time based on dollars but is worth it to push back against a carrier that isn't dealing with integrity. He paid premiums. Carrier should pay claims.

 

[adjusterjack]

He paid premiums. Carrier should pay claims.

Did you miss the part where his deductible was higher than his repair cost? He's dealing with the at-fault driver's insurance company to which he does not pay premiums and from which he is entitled to nothing until a judge or jury says so.

Based on the details the other driver should be 100% at fault and it shouldn't too hard to convince a judge of that if the OP wants to take it to court.

 

[VolAgent]

It probably isn't worth his time based on dollars but is worth it to push back against a carrier that isn't dealing with integrity. He paid premiums. Carrier should pay claims.

Its not his carrier, so whether he paid premiums or not is irrelevant.

And yes, there certainly is the "principle of the matter". Only he can decide if proving the point is worth the time and effort.

I suspect Progressive would fold as soon as it goes to court, but you never know. They could easily fight it out. In most states an attorney can't represent another party in small claims court. If so, Progressive will try to have it moved out to "big boy" court where you can't represent yourself. Or it may be allowed to go ahead in small claims court, in which case Progressive will appeal. If Small Claims isn't a court of record (which it probably isn't), then you get to do it all over again, but of course you'll need an attorney because again you can't represent yourself in General Sessions, Circuit, or state equivalent court (I believe it is Supreme Court in New York?).

Also, if you choose not to hire an attorney when one is required, you also risk an adverse judgement against you. So you may end up owing the entire amount to Progressive, plus their legal fees.

So yes, you can do it as a matter of principle, but it may be more prudent to just pay it and walk away. If you do decide to go to small claims, make sure you thoroughly research it and especially what happens next.

 

[junkman]

Ok, I'll buy that and would talk to my attorney friends regarding my dollars at risk before going too far.

 

[insureddriver]

The estimate is $1600. The alignment is off, so it could be more depending on what the mechanic finds. It seems from reading the posts, going to court isn't worth it. Thanks for all the comments.

Would complaining to the BBB help?

 

[adjusterjack]

The estimate is $1600. The alignment is off, so it could be more depending on what the mechanic finds. It seems from reading the posts, going to court isn't worth it. Thanks for all the comments.

I dunno, $1600 plus would be more than worth it for me to take somebody to small claims court. I originally thought you were talking about a lot less money.

Would complaining to the BBB help?

Not a bit. Besides, any complaints about insurance go to the state insurance department. But Progressive is not doing anything wrong or illegal, just offering a settlement based on the claim rep's opinion which any insurance company is well within its rights to do.