If your motorcycle accident claim was denied by Progressive, you are entitled to file an appeal so you can continue pursuing the compensation you are owed. If Progressive still refuses your request for a reasonable settlement, you should consider filing a lawsuit against the company.
Laborde Earles Injury Lawyers is ready to offer you a free consultation today. Learn how we can help you by handling the many time-consuming tasks needed to ensure your claim receives the careful consideration it deserves.
Appealing a Claim Denied by Progressive Insurance
According to Louisiana’s tort (fault-based) laws, the at-fault party (the motorist) or their insurance company (Progressive) is legally liable for damages claimed by the not-at-fault party (you). However, there are also several reasons why an insurer would deny your accident claim under these circumstances.
If you wish to appeal a claim denial, you should first consider consulting with an attorney who can help by handling the following steps and increasing your overall chances of success:
Request a Written Explanation for the Denial
You have a right to know precisely why Progressive has denied your personal injury claim. For this reason, you should request a full written explanation if they haven’t provided one to you already. You and your attorney can use this information when developing a strategy for your appeal.
Begin Collecting and Organizing Evidence
Before you begin the appeals process, first, you must gather all the evidence you need to support your arguments in your claim. An appeal unsupported by evidence will not be persuasive. An attorney can help you collect and organize the following pieces of evidence:
- The police report of the accident
- Eyewitness reports, statements, and contact information
- Photos and videos of property damage and accident scene
- Nearby CCTV surveillance video of the accident
- Pay stubs to show any lost wages since the accident
- Medical bills and records
Evidence for an appeal is not limited to those items mentioned above. An attorney can help you gather any other evidence needed to build a solid claim.
Write a Letter of Appeal
When you begin the official appeals process, you should have an attorney draft a letter affirming your claim’s validity and that you deserve compensation per the policy provisions. In addition, you can include copies of paperwork and evidence reinforcing your side of the story, such as the police accident report and photos of the accident and your injuries.
If you have a legal professional compose your letter, they will structure your arguments to be clear and compelling. They will also ensure that supporting documentation contains all the information the insurer will need to reconsider your claim. Finally, they will also include the necessary evidence to demonstrate why you deserve every penny of the compensation you seek.
Try to Negotiate a Settlement
It will probably be in your best interests to attempt to negotiate a fair settlement and keep your claim out of court. If you have retained legal counsel, they can communicate directly with the insurer on your behalf. An attorney will know how to circumvent the insurer’s tactics, ensuring you are not manipulated.
Negotiations usually begin right after you submit your appeal to the insurer. If Progressive accepts your request, their initial settlement offer will typically be less than you deserve. Your attorney can evaluate their offer and tell you if it is fair or not under the circumstances.
File a Lawsuit and Take Progressive to Court
If the insurer continues to deny your claim, have your attorney file a lawsuit against Progressive. The statute of limitations for personal injury claims is one year in Louisiana—meaning you have exactly one year from the accident’s date to file.
For a free legal consultation, call (337) 777-7777
Recoverable Damages in a Motorcycle Accident Claim
The compensation you can pursue in a motorcycle accident claim can include several damages, such as the following:
- Medical bills for emergency transportation and care, hospitalization, surgeries, physical therapy, primary care visits, medications, etc.
- Property damage repair or replacement fees for your motorcycle
- Missed wages from missing work after your injury
- Reduced future earning capacity due to disability
- Punitive fines that are intended to punish the at-fault party to deter future negligence
- Pain and suffering
- Emotional or psychological anguish
- Permanent or long-term disability
- Permanent scarring or disfigurement
- Loss of life enjoyment
- Diminished quality of life
- Loss of consortium or companionship with your spouse
If a loved one was fatally wounded in a motorcycle accident, you might be eligible to file a wrongful death lawsuit for damages such as funeral and burial expenses and other losses related to the decedent’s passing.
Reasons Why Progressive Denied Your Motorcycle Accident Claim
Insurance companies are in business to profit, and they may provide you with various excuses as to why they decided to deny your claim. Some of these reasons may be legitimate, and others questionable. For example, it’s not uncommon for insurers to cite the following reasons for their denial:
You Caused the Accident
Insurers sometimes lean on negative stereotypes about motorcyclists to imply that you are at least partially at fault for your accident. For example, they may claim that you were being reckless, driving distracted, or breaking traffic laws and that these infractions contributed to the accident. As a result, you may be compelled to provide additional evidence to refute their arguments.
You Were Late in Reporting the Accident
You should report the accident to your insurer as soon as possible after it occurs. Note, however, that this is not an official claim for damages, just notification of the accident. If you wait too long, Progressive may contend their claims adjusters weren’t given enough time to investigate the accident, and as a result, have reason to doubt your claim’s validity.
The Other Driver’s Insurance Policy Lapsed
If the other driver didn’t pay their premiums and the policy lapsed, the insurer could reasonably justify denying your claim. If this happens, you can turn to your own insurance to file a claim. Your policy may have underinsured/uninsured motorist or personal injury protection (PIP) coverage that can compensate you for many accident-related losses.
Call a Motorcycle Accident Lawyer for Help Today
At Laborde Earles Injury Lawyers, our motorcycle accident lawyers will go toe-to-toe with Progressive on your behalf and ensure your claim is taken seriously. We are prepared to handle the complexities of the legal process and pursue the maximum compensation available to you. Please contact us for a free, confidential case evaluation to learn more.