If Progressive insurance denied your pedestrian accident claim, you still have options for recovering the compensation you deserve. You can appeal the decision and prove that your claim is valid. Or you might file a lawsuit against the Progressive-insured driver and the insurance company for your damages, like medical expenses, lost income, and pain and suffering.
Depending on your circumstances, you may want to seek a personal injury lawyer who can help you navigate the process. Laborde Earles Injury Lawyers is here to help Louisiana pedestrian accident victims, especially if Progressive denied your pedestrian accident claim.
Can Progressive Insurance Deny My Pedestrian Accident Claim?
Progressive Insurance reserves the right to deny any invalid accident claims based on the terms of policyholder contracts. However, Progressive must follow Louisiana’s laws to thoroughly investigate claims, identify valid claims, and pay out benefits. Otherwise, they’re in breach of their contract with a policyholder.
Although it is typical for Progressive to deny pedestrian accident claims, as many insurance companies attempt to do, if you believe that your claim is valid, you may have a case. Seeking counsel can help determine if Progressive has the right to deny your valid pedestrian accident claim.
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Reasons Why Progressive Denied Your Pedestrian Accident Claim
Insurance companies tend to protect their bottom line, and denying claims is their first defense in that protection. Your pedestrian accident claim can be denied for many reasons. However, here are some of the most common reasons why insurance companies like Progressive deny pedestrian accident claims:
You didn’t Give Enough Evidence to Prove Your Pedestrian Accident Claim
Filing an insurance claim can be a complex task. For example, in Louisiana, you must provide as much evidence as possible that proves the at-fault party’s negligence when you file a claim. Insurance companies like Progressive may deny your claim if you don’t provide enough evidence.
Denying your claim based on lack of evidence can occur for any accident. However, it is especially true if you’re filing a claim against their policyholder, and that person provided evidence to show they didn’t cause the accident or if they didn’t file a claim at all.
The Progressive Insurance Policy Lapsed Before the Accident
Whether you’re filing a claim through your own auto insurance policy with Progressive or the at-fault driver’s Progressive auto insurance policy, Progressive may still deny benefits if the policy lapsed. A lapse of coverage happens when a policyholder fails to pay the monthly premiums to maintain coverage. If a policyholder doesn’t pay the premium, Progressive may suspend coverage. In addition, Progressive may cancel a policyholder’s coverage if they miss multiple payments.
If the policy you’re trying to file a claim through lapsed, Progressive will likely deny your claim.
Progressive May Blame You for the Accident
Louisiana is a fault state, meaning the party or parties that cause an accident are responsible for the damages. These parties generally go through their insurance policies to pay for damages. But if a pedestrian is blamed for the accident, either fully or partially, their compensation may be jeopardized.
Insurance companies like Progressive may use this tactic when the policyholder claims that you, the pedestrian, were jaywalking or caused the accident. If the policyholder claims that the pedestrian was at fault, your chance at compensation can be decreased. This is especially true if your claim doesn’t have enough evidence to prove otherwise.
You didn’t File the Pedestrian Accident Claim in Time
Progressive typically require you to file a claim within a few days or weeks after a pedestrian accident. But collecting evidence and filing a claim takes time. Plus, you may have been receiving treatment after your accident and couldn’t put in the work to file your claim.
In certain cases, you can provide additional evidence to fight this type of denial when you appeal the decision. For example, if you were receiving medical treatment that delayed your ability to file a claim, you can use that as evidence to overturn the denial.
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How to Recover Compensation After Progressive Denies a Pedestrian Accident Claim
Progressive and other insurance companies make their money off collecting premium payments and not paying out claims if not necessary. As a result, these companies often deny initial claims in hopes that victims don’t appeal the decision to recover their rightful compensation. Here are some of the ways you can recover compensation after getting denied by Progressive:
Appeal the Denial
- Ask for a reason why the claim was denied. Progressive doesn’t always provide a reason in the initial denial notice, but you can ask for one.
- Send a demand letter. This letter provides more evidence to support your claim, proves the driver’s negligence, and lists your damages.
- Negotiate a settlement. Progressive may be more willing to listen to your demands if you try to negotiate since the next step is likely serious legal action against them.
Sue the Driver Or Insurance Company
Consider pursuing legal action to demand compensation or recover more compensation than what Progressive offers you. For example, you can file a personal injury lawsuit against the driver, from which Progressive will have to pay the damages if you’re successful. Filing a lawsuit can also prompt them to take your claims seriously and negotiate.
Louisiana provides you one year from the date of an accident to file a personal injury lawsuit against liable parties (CC Art. 3492). Of course, there are exceptions to this rule, but it’s essential to review your legal options as soon as possible, so you have time to file a lawsuit if it comes to that.
You can also file a bad faith claim against the insurance company, which would effectively be to sue them for denying your rightful claim (RS 22:1973). Bad faith claims typically demonstrate that an insurance company failed to investigate a claim thoroughly or wrongfully denied your claim and appeals for no valid reason.
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Laborde Earles Injury Lawyers Is Here for Pedestrian Accident Victims
You can hire a lawyer to handle all the steps in the Progressive insurance appeals process for you. At Laborde Earles Injury Lawyers, we’re not afraid to stand up to large insurance companies who would deny you the compensation you’re entitled. We’ll use our 100+ years of combined legal experience to fight on your behalf.
Contact us today for a free consultation.
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