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Car Insurance/Accident Claim Help

HannibalX

HannibalX

Diamond Member
Hey everyone.

I am looking for some advice. Here is my story, it?s sort of long so I will try and be brief.

I got in a car accident. I was turning left and was hit by oncoming traffic. The accident was deemed to be my fault by the police. I don?t agree with this but there wasn?t much I could do about it. I was told I ran a red light, but I know I didn?t.

I have Progressive as my insurance carrier. My car still drives fine (and has always drove fine the entire time I have had the car) so I drove it down to the Progressive body shop/claims center to be fixed.

Progressive calls me and says that my vehicle has prior damage and they won?t fix it. They say it?s ?almost? totaled but not quite. They say they will cut me a check for roughly $2,500.00 and I can have it fixed at another body shop if I want.

I ask them why they can?t fix it and they say because the car has prior damage they won?t fix it. I ask how they know it has prior damage and they claim it is because the car was insured through Progressive before I owned it and they have claim information from a prior accident where the car was totaled. They also claim the car was so badly damage before my accident that they can?t fix it.

So now I am stuck on what to do. I KNOW that $2,500 isn?t going to fix the car at another body shop. I also know they don?t want to total the car because I have GAP insurance and they would have to pay off my loan on the car which is about $9k.

Any ideas? Progressive is currently in possession of the vehicle. What are my options here? Progressive is trying to screw me.


 
Originally posted by: Trinitron
Hey everyone.

I am looking for some advice. Here is my story, it?s sort of long so I will try and be brief.

I got in a car accident. I was turning left and was hit by oncoming traffic. The accident was deemed to be my fault by the police. I don?t agree with this but there wasn?t much I could do about it. I was told I ran a red light, but I know I didn?t.

I have Progressive as my insurance carrier. My car still drives fine (and has always drove fine the entire time I have had the car) so I drove it down to the Progressive body shop/claims center to be fixed.

Progressive calls me and says that my vehicle has prior damage and they won?t fix it. They say it?s ?almost? totaled but not quite. They say they will cut me a check for roughly $2,500.00 and I can have it fixed at another body shop if I want.

I ask them why they can?t fix it and they say because the car has prior damage they won?t fix it. I ask how they know it has prior damage and they claim it is because the car was insured through Progressive before I owned it and they have claim information from a prior accident where the car was totaled. They also claim the car was so badly damage before my accident that they can?t fix it.

So now I am stuck on what to do. I KNOW that $2,500 isn?t going to fix the car at another body shop. I also know they don?t want to total the car because I have GAP insurance and they would have to pay off my loan on the car which is about $9k.

Any ideas? Progressive is currently in possession of the vehicle. What are my options here? Progressive is trying to screw me.
Click to expand...


Find out what progressive is saying about the previous wreckage is true.
 
Car is a 2001 Lincoln LS purchased in July 2005.

A car fax shows what they are saying is correct, the car was in an accident before I purchased it. I have NEVER had any work done on this car though, the car was in complete working order before my accident and continues to drive fine now even after my accident. So whoever fixed it, fixed it.

I asked them why they allowed me to insure the car if they knew it had been in an accident and they gave me some BS answer "We can insure it we just can't fix it."
 
Originally posted by: Trinitron
Hey everyone.

I am looking for some advice. Here is my story, it?s sort of long so I will try and be brief.

I got in a car accident. I was turning left and was hit by oncoming traffic. The accident was deemed to be my fault by the police. I don?t agree with this but there wasn?t much I could do about it. I was told I ran a red light, but I know I didn?t.

I have Progressive as my insurance carrier. My car still drives fine (and has always drove fine the entire time I have had the car) so I drove it down to the Progressive body shop/claims center to be fixed.

Progressive calls me and says that my vehicle has prior damage and they won?t fix it. They say it?s ?almost? totaled but not quite. They say they will cut me a check for roughly $2,500.00 and I can have it fixed at another body shop if I want.

I ask them why they can?t fix it and they say because the car has prior damage they won?t fix it. I ask how they know it has prior damage and they claim it is because the car was insured through Progressive before I owned it and they have claim information from a prior accident where the car was totaled. They also claim the car was so badly damage before my accident that they can?t fix it.

So now I am stuck on what to do. I KNOW that $2,500 isn?t going to fix the car at another body shop. I also know they don?t want to total the car because I have GAP insurance and they would have to pay off my loan on the car which is about $9k.

Any ideas? Progressive is currently in possession of the vehicle. What are my options here? Progressive is trying to screw me.
Click to expand...

You should do a carfax report to see if it was wreaked. Don't car dealers have to tell you if the car was wreaked before?

 
Originally posted by: Trinitron
Car is a 2001 Lincoln LS purchased in July 2005.

A car fax shows what they are saying is correct, the car was in an accident before I purchased it. I have NEVER had any work done on this car though, the car was in complete working order before my accident and continues to drive fine now even after my accident. So whoever fixed it, fixed it.

I asked them why they allowed me to insure the car if they knew it had been in an accident and they gave me some BS answer "We can insure it we just can't fix it."
Click to expand...

Do you have Progressive direct? Or an agent?

 
You need to go and get a quote from another mechanic for you car and fax it over to Progressive. They should foot the bill since that is what you pay for.
Ift that doesn't work, you need to go to the Dept of Insurance's website and call their number. They will tell you exactly what you need to do and what you are entitled.
 
You can talk to your state insurance division.

However, if the car was previously classified as totaled and Progressive does not have evidence that it was repaired, then you must prove the condition of the vehicle prior to the accident.

The State of Florida Insurance Division may be able to give you more guidance.
 
Originally posted by: EagleKeeper
You can talk to your state insurance division.

However, if the car was previously classified as totaled and Progressive does not have evidence that it was repaired, then you must prove the condition of the vehicle prior to the accident.

The State of Florida Insurance Division may be able to give you more guidance.
Click to expand...

How does one prove things such as this? I mean if this was someone elses car and was bought from a dealer, how does one go about doing that? Could you go to the dealer and get some kind of record stating what kind of condition it was in when the vehicle was bought?

Anyhow this is some nasty stuff. Surprised they can even pull some BS like this, but being that it is the insurance business were talking about, well yea. Anyhow, glad I switched from Progressive to LM this month.
 
Yeah I asked Progressive the same thing.

How do I know the car wasn't fixed 100% and Progressive isn't using this as a cop out?
 
Usually a car that is classified as totalled will have a title brand, like salvaged. If this was not disclosed to you when you purchased it, the seller could have a problem, if you wanted to pursue it. Did it come from a dealer?
 
Originally posted by: jlmadyson
Originally posted by: EagleKeeper
You can talk to your state insurance division.

However, if the car was previously classified as totaled and Progressive does not have evidence that it was repaired, then you must prove the condition of the vehicle prior to the accident.

The State of Florida Insurance Division may be able to give you more guidance.
Click to expand...

How does one prove things such as this? I mean if this was someone else's car and was bought from a dealer, how does one go about doing that? Could you go to the dealer and get some kind of record stating what kind of condition it was in when the vehicle was bought?

Anyhow this is some nasty stuff. Surprised they can even pull some BS like this, but being that it is the insurance business were talking about, well yea. Anyhow, glad I switched from Progressive to LM this month.
Click to expand...

I would expect non digital photos along with possibly a statement from the dealership that it was purchased from.

The vehicle should have had a "salvaged" title, which could have raised a flag to the buyer and the insurance company.

Gather all the evidence that you can and then talk to the Division of Insurance about the situation.

In NV unless the vehicle has been re-inspected for safety, a salvaged title can not be registered. Repairs can also be verified by the insurance company to remove exceptions on coverage due to prior damage (salvaged or not).

How Florida works, I am not sure; but I would expect most states to operate in a similar fashion.

 
Originally posted by: compuwiz1
Usually a car that is classified as totalled will have a title brand, like salvaged. If this was not disclosed to you when you purchased it, the seller could have a problem, if you wanted to pursue it. Did it come from a dealer?
Click to expand...

Yeah, if it was totaled in the past it should have a Salvaged or Reconstructed Title.
 
Originally posted by: Nutdotnet
Originally posted by: compuwiz1
Usually a car that is classified as totalled will have a title brand, like salvaged. If this was not disclosed to you when you purchased it, the seller could have a problem, if you wanted to pursue it. Did it come from a dealer?
Click to expand...

Yeah, if it was totaled in the past it should have a Salvaged or Reconstructed Title.
Click to expand...

i think that depends on state. i seem to remember someone posting that soem states don't require a salvaged or reconstructed title. or there was a way around it.


Originally posted by: Trinitron
Car is a 2001 Lincoln LS purchased in July 2005.

A car fax shows what they are saying is correct, the car was in an accident before I purchased it. I have NEVER had any work done on this car though, the car was in complete working order before my accident and continues to drive fine now even after my accident. So whoever fixed it, fixed it.

I asked them why they allowed me to insure the car if they knew it had been in an accident and they gave me some BS answer "We can insure it we just can't fix it."
Click to expand...

personally i don't see how this is the insurance company screwing you. its whoever you got the car from did.
 
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