If you were involved in an accident with a driver who has Progressive Insurance, you may not know what to do if your request for compensation is rejected. A refusal of your initial request is not the end of the road. An experienced accident attorney will explain how to file an appeal and walk you through the claims process.
You may still have several options available to you. Our Lafayette car accident lawyers can help you understand what to do if Progressive denies your car accident claim. Learn the common reasons and tactics insurance companies use to reject compensation requests and how to win a fair settlement.
Progressive Might Reject Your Car Accident Claim for the Following Reasons
When you report an accident to the at-fault driver’s insurer, they can have various reasons for denying your claim. These can include:
- Assigning full or partial responsibility to you. If only partial liability is yours, your lawyer can help you understand your state’s laws on contributory negligence and how you might still be entitled to recover damages.
- A lack of information and evidence proving the extent of your injuries and property damage. Your lawyer can help you compile a strong evidence file to combat this reason for denial.
The insurance company can also deny your claim if you fail to file your personal injury claim within the required time limits. Your lawyer can help you avoid this costly consequence by ensuring your insurance claim is filed promptly, or your potential lawsuit is filed on time.
If you believe you have been treated unfairly or are the victim of bad faith insurance tactics, your lawyer can help you evaluate how you were treated and fight back against unfair insurance acts.
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Understand How The Statute Of Limitations Impacts Your Progressive Claim
Your state will impose a filing deadline on your ability to seek financial compensation via a personal injury lawsuit. Louisiana’s statute of limitations allows victims up to one year to file an accident injury claim. If your case cannot be settled out of court, your lawyer will ensure it is filed within the allotted time.
Claims adjusters for Progressive will also be aware of the filing deadline and may refuse to negotiate a settlement at all if it expires. Your lawyer will explain the appropriate statute of limitations and any factors that may cause it to fluctuate.
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A Personal Injury Lawyer Can Help You Build A Strong Case For Compensation
To ensure you receive the compensation you are entitled to for the at-fault driver’s negligence, your lawyer will:
- Collect evidence, including your car accident report
- Read and review your medical records and prognosis
- Locate and interview car accident witnesses
- Canvass the accident scene for photos and videos
- Assess the financial value of your car accident case
- Question all parties involved
- Complete and submit insurance forms
- Negotiate with the insurance representative
Your lawyer will also read and review the at-fault party’s auto insurance policy. If your accident involves a hit-and-run or uninsured driver, your lawyer will review your Progressive policy if you need contact them for coverage.
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Evidence That Proves Progressive’s Policyholder Was At Fault
In most car accident cases, the evidence you and your lawyer collect will lead to a negotiated settlement when it points to the at-fault driver’s negligence. Your evidence file will include:
- Medical records
- Income statements
- Police report
- Witness statements
- Accident scene photos
- Injury photos
Your attorney will work hard to build a compelling evidence file when appealing your case. They will leave no stone unturned in collecting, organizing, and presenting your evidence during the negotiation phase of your case or in court, if necessary.
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Identifying Bad Faith Tactics Used by Progressive Insurance Adjusters
When Progressive denies a car accident claim, they may use bad faith tactics to reduce or deny the compensation you are entitled to. Bad faith tactics include:
- Unreasonable delay: The insurance company unnecessarily delays the claims process, causing frustration and financial hardship for the claimant.
- Denial of valid claims: The insurance company wrongfully denies or undervalues valid claims without proper justification, hoping the claimant will accept the decision without further action.
- Inadequate investigation: The insurance company conducts a biased or incomplete investigation of the claim, failing to gather all relevant evidence or disregarding evidence that supports the claimant’s case.
- Lowball settlement offers: The insurance company offers settlements significantly lower than the claim’s actual value, hoping that the claimant will accept the inadequate offer due to financial pressure or lack of knowledge about their rights.
- Misrepresentation of policy terms: The insurance company misinterprets or misrepresents the terms and conditions of the insurance policy to avoid paying the claim or to limit its liability.
- Intimidation and harassment: The insurance company engages in aggressive tactics, such as bullying, harassment, or threats, to discourage claimants from pursuing their rights or to pressure them into accepting unfair settlements.
- Failure to communicate: The insurance company intentionally avoids or ignores communications from the claimant or their legal representative, making it difficult for the claimant to progress with their claim.
- Unreasonable interpretation of policy exclusions: The insurance company applies policy exclusions in an unreasonable or overly broad manner to deny coverage for valid claims.
- Unfair investigation tactics: The insurance company uses invasive or intrusive investigation techniques, such as surveillance or invasive medical examinations, to discredit the claimant’s injuries or damages.
- Breach of good faith duty: The insurance company fails to act in good faith and fair dealing by prioritizing its interests over those of the policyholder or claimant.
It’s important to know your rights and seek legal advice if you suspect bad faith practices after filing a progressive insurance claim.
Assess The Damages You Are Entitled To Receive
Was your initial request for negligence-based damages denied by Progressive? You do not have to stop fighting for financial compensation. After proving your insurance claim is valid, you can recover the following economic and non-economic damages:
- Past and future medical bills
- Past and future income loss
- Property damage or loss
- Diminished property value
- Physical disfigurement or permanent disability
- Loss of consortium
- Ongoing pain and suffering
- Mental and emotional distress
- Diminished quality of life
An effective appeal can lead to your recovery of these and other forms of financial recovery. A personal injury lawyer can help you build a strong case for compensation despite an initial denial of your compensation request.
Review Your Car Accident Case At No Cost Or Obligation
Was your car accident claim denied by Progressive? If their policyholder’s negligence caused or contributed to the accident, our personal injury law firm can help you build a strong case and file an appeal. You do not have to stop seeking recovery or fight without legal guidance and support.
Contact one of our Laborde Earles Injury Lawyers team members for your free case review today.
Get The HelpYou Need(337) 777-7777To Schedule a FREE CONSULTATION
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