Other party insurance finds partial fault, cannot subrogate

[insureddriver]

As I mentioned, I cannot subrogate because my deductible is higher than the damage amount.

 

[adjusterjack]

- 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

Maybe, maybe not. Geneseehill is correct. Adjusters don't easily succumb to threats of a lawsuit which is why I suggested attaching a completed, but not filed, complaint form. Might give you an edge. Might not. Just make sure you are prepared to sue immediately after the deadline date passes.

 

[Web320]

I assume if I win the case, my rates wouldn't go up?

Generally speaking, winning the case will not expunge the fact that there was a claim (regardless of fault) and it will remain on your CLUE report. If your carrier, surcharges you based on the CLUE report, I would anticipate an increase.

I've not had any experience with anyone reaching out to LexisNexis and getting a claim removed from their report but I suppose it isn't out of the realm of possibilities.

 

[VolAgent]

Generally speaking, winning the case will not expunge the fact that there was a claim (regardless of fault) and it will remain on your CLUE report. If your carrier, surcharges you based on the CLUE report, I would anticipate an increase.

I've not had any experience with anyone reaching out to LexisNexis and getting a claim removed from their report but I suppose it isn't out of the realm of possibilities.

Most companies will remove the surcharge if provided proof it was a not at fault accident. A court judgement I'm sure would be sufficient.

 

[insureddriver]

My insurance company does not find me at fault.