Other party insurance finds partial fault, cannot subrogate

Oct 22, 2018

  1. insureddriver
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    insureddriver New Member

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    I assume if I win the case, my rates wouldn't go up?
     
  2. adjusterjack
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    adjusterjack Guru

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    They shouldn't.

    But rates go up all the time. That's why you shop around whenever you can.
     
  3. geneseehill
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    geneseehill New Member

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    Simplest answer is to file claim in small claims court if its appropriate. In King County (WA State) we have a 5K limit not including filing fees etc.

    The heaings are generally quick after the case is filed and properly served. Usually, 60-90 days. You can present your case to the judge with estimates, photos, police report and any witness statements if available. Ask your insurer if they took a recorded statement from the third party claimant (insured with Progressive) and get a transcribed copy of the same as well as your own to provide the judge. This shows what the facts of loss details were after the loss, when things are fresher.

    You can collect on direct damages for vehicle repairs, loss of use (take the labor hours,divided by eight and times two to get number of days). You cannot collect for hassle, or time to attend the hearing. You can collect for filing fees and cost to serve the 3rd party. No party can bring attorneys into the hearing to appear on their behalf.

    Once you get the judgemet provide it to the 3rd party carrier, Progressive. They are required to pay it as the insuring agreement with their insured says they will pay all sums "legally liable" and a judgement meets that threshold.

    Also, make sure after the judgement is received that your insurer is not charging you with an at fault loss. Ask the agency or insurer to send you a letter to that affect.
     
  4. geneseehill
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    geneseehill New Member

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    Progressive is not going to refer this to an attorney to defend their insured in small claims court. The typical costs associated with referral, review and attendance at the hearing outweigh the costs. They would also need to give their insured adequate reasons to argue comparative negligence within your jurisdiction and the violation of any types of rules of the road. More then likely this won't happen. They will take there chances that the insured shows up for the hearing. There is a possibility that the Progressive insured doesn't show up and you get a judgement based on this default. It's possible then that Progressive could argue that conditions of the policy were not met (Cooperation) and that no coverage exists.
     
  5. insureddriver
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    insureddriver New Member

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    This means Progressive won't pay me?
     
  6. geneseehill
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    geneseehill New Member

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    Only if the claimant/3rd party doesn't show up for the hearing. Yes, they would have grounds to deny coverage based on non-cooperation. Doesn't mean they will, just that they could.

    The judgement would still be valid and collect interest. I had a 3rd party pay me years later on a valid judgement and she wanted to clear this off her credit report as she was applying for a homeloan.
     
  7. insureddriver
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    insureddriver New Member

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    And then I would have to sue Progressive? Seems like going through the courts myself is a lot of risk.
     
  8. geneseehill
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    geneseehill New Member

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    Your claim is against the 3rd party driver, not Progressive. If you attenpt to sue Progressive they would have that matter thrown out very easily.
     
  9. insureddriver
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    insureddriver New Member

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    I see these possibilities:
    - the other party shows up, and I win the case. Then Progressive has to compensate me
    - I lose the case
    - the other party does not show up, and Progressive decides not to compensate me because of non-cooperation. I then have to pursue the other party for money
    - if I send the letter to the other party and Progressive as adjusterjack suggested stating that I will sue if I don't get compensated, will Progressive pay me before the case goes to court? I doubt the other party will pay me before going to court
     
  10. geneseehill
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    geneseehill New Member

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    I've worked in claims for 35 years. The threat of suit on such a small claim has no bearing with the adjuster. They are micromanaged at this level. There position won't change. Your carrier could pay you and attempt to subrogate or collect from Progressive. If the two carriers are members of Intercompany Arbitration your insurance carrier could attempt to collect the entire amount of your damages including deductible. However, you are bound by the Arbitrators decision. If the Arbitrator finds comparative negligence on you the amount of your damages will be reduced by that percentage.

    I think your better off arguing live the loss detail in Small Claims Court. The Arbitrator in the Intercompany Arbitration setting will likely be another insurance adjuster reviewing a paper brief only.
     
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