Accident not my fault - Other guy's insurance (Progressive) won't pay claim?

Question

I was involved in an accident three weeks ago - guy ran a red light and hit my car. The police report attests to that fact as well. Unfortunately, my insurance policy with Allstate had lapsed, although I do presently have insurance. Allstate, my past and present insurer, won't go after Progressive for repairs due to the lapse. Progressive refuses to pay the claim. I assume the biggest factor for them at this point would be they know I don't have anyone in my court on this. Does anyone have any suggestions?

Answer 1

okay when you have an accicdent, especially a red light accident the police investigate and give an OPINION as to how they feel the loss occurred.  Even though they are an officer it is still an opinion unless there is a witness and even then witnesses get it wrong all the time.  The insurance company has and obligation to THEIR insured to do a full investigation.  They would take statements from both drivers and look at the damages and look at the police report and make a decision.  Although the police report if favorable to you it is not the final jurisdiction.  The adjuster is.  While your policy lapsed you are kind of stuck with dealing with their insurance company.  You can contact an attorney but most will not take this type of case as there are no injuries.  Yes, you can sue, but remember you'll end up going against the insurance company not the driver.  They will represent them.  Perhaps Progressive is having trouble gettin hold  of their insured.  Their could be 100 reasons as to why they are not able to pay you at this time however I know it's not because you don't have insurance.  

You should talk to the adjuster and ask what the delay is.  Most will tell you.

Answer 2

Call his insurance company and ask the reason for denying the claim. I think you are being fed a line by someone. You can also contact your State Insurance Board. This is the agency that is over all companies in your State. You can also contact your local traffic court and advise them that the accident was not covered by insurance.

Answer 3

sue the other driver.  

Answer 4

That is why lawyers exist, call one today.  Oh, and are you losing your license due to not having insurance?

Answer 5

Did they tell you why they denied the claim? It's not because you have no insurance. Their insured may have given them a bogus story, or you're mistaken as to responsibility. Something is not right. Most lawyers will not take a property claim on contingency. They are interested more in injury cases. I'm assuming you weren't injured or I'm sure you would have mentioned it. I guess you're going to need an attorney anyway. I feel it's not intentional, but we're not getting the whole story here.

Answer 6

Your option would be to get an attorney or take the driver to small claims court if you can.  Keep in mind any fees come out of your pocket.  Plus, you will have to prove that they ran the red light.  I assume Progressive denied your claim because they had a reason, even if its that their driver said you were at fault that you ran the red light not them and that police only talked to you and not them and the officer didn't witness it so he really doesn't know what happened.  There may be a ton of different things why they denied it.  Maybe your state law is one where if you are even 1% at fault you can't recover any money from the 99% at fault party, some states are like that and so if they can prove you were inattentive at all then you're out of luck.  Just speculating. I would try to find out their reasoning behind it.  You can then better argue your case to them and in court if you decide to.  Try to figure out if you can prove your case, if you have a witness or they hit the back of your car so you were there to be seen if their driver was paying attention.  Any little details might help.  They need prove and the burden to prove they were at fault is on you.  The police report does not decide liability and is often disputed as the officers make a judgement call the best they can.  Try to find hardcore indisputable evidence.  Knock on neighbors doors in the area to see if anyone saw it.  Good luck.

Answer 7

My dad was in a accident were he was not at fault and his insurance had lapsed also he had Farmers Ins. and they said they would not help him, so he went and got insurance with all-state and they took care of everything for him. So maybe you should go get insurance somewhere else or if you pay All-State they might take help.