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Mushesgirl
Too blessed to be stressed
Member since 4/09 6691 total posts
Name:
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anyone ever file a complaint against an auto insurance company?
Very long story short, I was rear ended driving my mother's car by a hit and run driver, significant damage. A bystander gave me the plate, I didn't even see the car or the guy he left in seconds.
His insurance company (Progressive) has been giving my mother the runaround for months. The owner of the car refuses to produce the car for the insurance company (well shocking right) and they are also investigating him for another accident the same month.
I know we have the right to file a complaint against Progressive; they are dragging this on and on, and sent us a "letter of reservation of rights" which when you look that up makes it sound like they are not admitting to any fault at this time. They also just sent my mother a letter saying "they are unable to come to a conclusion". W TF? Your punk ass client hits me, its documented in a police report, and you can't come to a conclusion?
Just looking for any and all advice, if you've been through a hit and run, or hit by a car with Progressive as the insurer etc. Thanks in advance.
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Posted 11/7/15 2:06 PM  |
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alli3131
Peanut is here!!!!!!
Member since 5/09 18388 total posts
Name:
Allison
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anyone ever file a complaint against an auto insurance company?
File a claim through your moms insurance and her insurance company will subrogate.
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| Posted 11/7/15 7:56 PM |
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mrsboss
my little love
Member since 12/09 5054 total posts
Name:
Me
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anyone ever file a complaint against an auto insurance company?
They are reserving their right to possibly disclaim coverage to their insured. He is not obiding by the provisions of the policy. If you read any policy, one of the conditions is to promptly notify the insurer of the accident or claim, and make available the vehicle for inspection, submit to a sworn statement, all that kind of thing. So, they are unable to determine now if they will provide coverage. They can try to disclaim coverage for many reasons. But, like PP said, submit your claim 1st party with moms insurance, and let them subro Progressive if they eventually provide coverage. And if not, your moms insurance can attempt to collect from him personally, which is a long, tedious process.
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| Posted 11/7/15 8:33 PM |
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Mushesgirl
Too blessed to be stressed
Member since 4/09 6691 total posts
Name:
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Re: anyone ever file a complaint against an auto insurance company?
thank you for both replies.
We did file with mom's insurance (i had to get a neck MRI after I had whiplash pain). Mom only has liability on the car not full coverage so they covered the mri and MD visits. Does that make a difference with the subro that she only has liability?
Also, since I know who he is (its all in the police report) can I sue him personally in small claims court?
thanks again for the insights!
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| Posted 11/7/15 9:09 PM |
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mrsboss
my little love
Member since 12/09 5054 total posts
Name:
Me
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anyone ever file a complaint against an auto insurance company?
So mom has no collision coverage, correct? Moms no fault coverage is paying for your treatment. How much damage was there to her car? Was an estimate written? You can file in small claims, if it's under 5k I believe.
Does your mom carry uninsured motorist coverage? That can compensate you for pain & suffering if you're injured, provided they disclaim coverage.
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| Posted 11/7/15 10:21 PM |
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MommaG
Yay Spring!
Member since 5/05 5133 total posts
Name:
Gloria
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anyone ever file a complaint against an auto insurance company?
Your mom must carry uninsured motorist coverage as it is required in NYS - its part of your basic coverage. If you are looking for coverage for the damage to her vehicle and she has no collision coverage, you go to Progressive. If they are not resolving the claim, you can file a complaint with the NYS Insurance Department (the contact information should have been on the reservation of rights letter you received). And you can always file suit against the other driver but that comes out of your pocket as far as expenses.
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| Posted 11/7/15 11:29 PM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: anyone ever file a complaint against an auto insurance company?
If you have the plate and a good police report stop wasting your time with insurance and sue the owner of the car. That will force the other insurance to take action and defend their position. I've done this before. If you win judgement the other insurance will pay it.
The only expense is $20 court fee in small claims and your time. No need for an attorney. Insurance will bring an attorney but you don't need one.
Message edited 11/8/2015 9:13:48 AM.
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| Posted 11/8/15 9:12 AM |
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Mushesgirl
Too blessed to be stressed
Member since 4/09 6691 total posts
Name:
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Re: anyone ever file a complaint against an auto insurance company?
Posted by mrsboss
So mom has no collision coverage, correct? Moms no fault coverage is paying for your treatment. How much damage was there to her car? Was an estimate written? You can file in small claims, if it's under 5k I believe.
Does your mom carry uninsured motorist coverage? That can compensate you for pain & suffering if you're injured, provided they disclaim coverage.
Correct. Progressive sent out a guy who gave her a verbal estimate, I wasn't there but I think she said $6000, said the car was totaled. No written estimate.
I am ok thank god so i only put in for the medical bills coverage. I was actually on her driver policy as a second driver.
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| Posted 11/8/15 4:57 PM |
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Mushesgirl
Too blessed to be stressed
Member since 4/09 6691 total posts
Name:
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Re: anyone ever file a complaint against an auto insurance company?
Posted by MommaG
Your mom must carry uninsured motorist coverage as it is required in NYS - its part of your basic coverage. If you are looking for coverage for the damage to her vehicle and she has no collision coverage, you go to Progressive. If they are not resolving the claim, you can file a complaint with the NYS Insurance Department (the contact information should have been on the reservation of rights letter you received). And you can always file suit against the other driver but that comes out of your pocket as far as expenses.
thanks we are going to the website to file the complaint.
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| Posted 11/8/15 4:58 PM |
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Mushesgirl
Too blessed to be stressed
Member since 4/09 6691 total posts
Name:
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Re: anyone ever file a complaint against an auto insurance company?
Posted by ave1024
If you have the plate and a good police report stop wasting your time with insurance and sue the owner of the car. That will force the other insurance to take action and defend their position. I've done this before. If you win judgement the other insurance will pay it.
The only expense is $20 court fee in small claims and your time. No need for an attorney. Insurance will bring an attorney but you don't need one.
thank you for the insight! appreciate this very much, will start court proceedings. We have all of the information on the owner in the police report.
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| Posted 11/8/15 4:59 PM |
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