Question:

Insurance company stepping over the line?

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I was rear-ended last Friday. The lady who hit me was totally at fault, and admitted it to her insurance company.

I have filed through my insurance company, gave them a verbal and recorded statement and my vehicle has been assessed with damages over $5000 dollars.

Here's the catch....the insurance company of the lady who hit me calls me daily (leaves messages) asking me to "talk" and give a second recorded statement to them even though they know I have already given my insurance company one. I have talked to my insurance company about this...and they said legally I do not have to talk to them at all....I am not filing through them and that's that.

Is this standard or is the other insurance company trying to be sneaky??

Thanks!

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5 ANSWERS


  1. No, they are not trying to be sneaky.  This is standard practice.  The adjuster is probably trying to find out if you were injured and/or intend on filing a claim against their insured since she was liable.  Just give them a call back, and let them know that you are going first party against your own policy.  

    They will keep their file open pending receipt of the subrogation papers your insurance company will send them.


  2. HONESTLY YOU SHOULD GIVE THE OTHER COMPANY A RECORDED STATEMENT. WETHER YOU ARE AT FAULT OR NOT, THE OTHER LADY MIGHT WANT HER COMPANY INVOLVED JUST BECAUSE SHE MAY FEEL SECURE ABOUT IT THAT WAY. LIKE I SAID REGARDLESS WHO IS IT FAULT, WHAT IF THE LADY REFUSED TO GIVE YOUR INSURANCE COMPANY A RECORDED STATEMENT? AS LONG AS YOU ARE HONEST THEN THERE SHOULDN'T BE ANY HESITATION IN LETTING THE OTHER LADY'S INSURANCE COMPANY KNOW WHAT IS GOING ON.

  3. Contact the insurance commission in your state.  The calls will stop.  Do not talk to her insurance company.

  4. What Progressive is doing is standard procedure for most claims. there is nothing sneaky about it.

    Let me explain.

    All they are doing is trying to protect their policyholder and determine if you were hurt and will be making an injury claim.

    Many people who get rear-ended end up with a sore neck

    back after a couple of days especially with 5K in damages. They need to know this information and they need to know it from you, not your adjuster.

    Injured or not, you do NOT have to give them a statement if you don't want to, just politely tell them that. I have people turn me down for statements all the time. However, if you are injured they will need some medical documentation from you later on and there is no way around that.

    If you are not injured, just tell them that and that you are collecting from your own company. They will then leave you alone.

    If the roles were reversed in this accident, your should be doing the same thing that Progressive is.  

    I don't work for Progressive, but they have the best claims dept in the business.  

    Good Luck

  5. Here's the deal. Even though you're filing your damages through your own carrier at this time, your company is going to subrogate against Progressive to reimburse them the amount they had to pay out. And since Progressive will ultimately be the one who pays the money, they have the legal right to fully investigate the claim and make their own liability determination. If they only get one side of the story, they can't legitimately make an accurate liability assessment. If everything is as cut and dried as you say.....what's the big deal?? I'm sure you don't want to give them a recorded statement because you're afraid they're going to catch you in a word trap and try to get out of paying for something. That's why most people don't want to. And, although I don't work for Progressive, they are a pretty ethical company and seem to make ethical decisions. They're not going to try to do this.

    If it were YOUR insurance company trying to investigate the claim of a person you hit, you would want them to have the most accurate information and be able to evaluate the claim fairly. Although you don't have a LEGAL obligation to give them the statement, I think you should to be FAIR to the company that will ultimately pay for your damages.

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