Hit and Run uninsured

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Midwayman

Diamond Member
Jan 28, 2000
5,723
325
126
Pay your deductible and go on with life. Your insurance company will take him to court to try to collect.

They only care about recovering what they paid. They don't give two shits about recovering your deductible and the claim is too small for them to bother much with. If the OP doesn't sue himself zero will get done.
 

dud

Diamond Member
Feb 18, 2001
7,635
73
91
OP, may I ask what model and year of your car that was damaged?
 

miamiparis

Member
Feb 23, 2008
34
0
66
My insurance is Progressive, my agent left me a voice mail talking about subrogation. Details can be found at https://www.progressive.com/understanding-insurance/entries/2009/9/1/what_is_subrogation/
It says that Progressive will try to get my $500 deductible back to me. So this is contradicting what Midwayman said. Maybe because Progressive is a big company, it is more successful in recovering all the money?
Right now, I'm convinced to go with Progressive. My agent will call Windhaven once more and get back to me in a few days.
 

Midwayman

Diamond Member
Jan 28, 2000
5,723
325
126
Do you guess that or do you know from experience?

More experience than I would like. Multiple times I've had someone hit me where there was no possible way I was at fault. Other party lies and insurance doesn't think it worth the fight. Lawyers cost money. Unless its a big claim they don't car and a small claim they won't fight unless you have something like video proof.
 

Midwayman

Diamond Member
Jan 28, 2000
5,723
325
126
My insurance is Progressive, my agent left me a voice mail talking about subrogation. Details can be found at https://www.progressive.com/understanding-insurance/entries/2009/9/1/what_is_subrogation/
It says that Progressive will try to get my $500 deductible back to me. So this is contradicting what Midwayman said. Maybe because Progressive is a big company, it is more successful in recovering all the money?
Right now, I'm convinced to go with Progressive. My agent will call Windhaven once more and get back to me in a few days.

Their trying will be
"Our client says its your fault."
"Well, our client says its their fault!"
"Well, we could say its both their fault, not spend money on lawyers and raise both their rates."
"That sounds awesome. Okay."
*insurance high five*
 

miamiparis

Member
Feb 23, 2008
34
0
66
In my case, I have a witness in the police report, who says that it's the other driver's fault. Do you have experience with small claims court?
 

Midwayman

Diamond Member
Jan 28, 2000
5,723
325
126
In my case, I have a witness in the police report, who says that it's the other driver's fault. Do you have experience with small claims court?

Not personally. My folks have done it though. Basically you file and get a time. Pay to serve the person. Make sure you have all your evidence in order and make a logical argument in front of a judge. The other party if they show up does the same and them the judge awards whatever based on percentage of the blame they feel you bear.
 

miamiparis

Member
Feb 23, 2008
34
0
66
Here are the latest news. The accident happened on 02/17/2016, and in June 2017, the Progressive Deductible Recovery Status is still : "Your Claims Representative is currently investigating. They will be in contact once they have information regarding the recovery of your deductible.".
Is there something I could do to fix that?
 
Feb 25, 2011
16,992
1,621
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Here are the latest news. The accident happened on 02/17/2016, and in June 2017, the Progressive Deductible Recovery Status is still : "Your Claims Representative is currently investigating. They will be in contact once they have information regarding the recovery of your deductible.".
Is there something I could do to fix that?
You could give them a call and ask if there's anything else they need from you, etc.

If they're dealing with the other person, and not their insurance company, it's possible the other guy is just ignoring them, which means it'll take longer. Legal proceedings can take months or years, even w/ relatively small amounts of money.

Anyway, whoever Midwayman's insurance company is, he should out them. They are apparently terrible.
 

Thump553

Lifer
Jun 2, 2000
12,837
2,622
136
Florida lets an auto insurer back out of coverage because of this sort of misrepresentation? I strongly suspect the adjuster is just blowing smoke, unless FL has really poor laws. I don't live in FL but I've never ever been asked anything about my health in any auto insurance application I've ever filed out.

I'd go ahead and sue. Again, depending on FL law, but every state I've been in the insurer has a duty to defend until a court makes a finding about this alleged misrepresentation and relieves the insurer. That will cost them more money than just paying your claim.
 

miamiparis

Member
Feb 23, 2008
34
0
66
You could give them a call and ask if there's anything else they need from you, etc.

If they're dealing with the other person, and not their insurance company, it's possible the other guy is just ignoring them, which means it'll take longer. Legal proceedings can take months or years, even w/ relatively small amounts of money.

Anyway, whoever Midwayman's insurance company is, he should out them. They are apparently terrible.
I called my insurance, Progressive, twice before, and they didn't tell me any detail. The other insurance company, Windhaven, sent me a letter a long time ago, telling me that they couldn't represent the other driver because of a physical misrepresentation.
 

Jimzz

Diamond Member
Oct 23, 2012
4,399
190
106
Have you sent the demand letter to the other driver yet? If not send the certified letter ASAP. Give them the 30days and if your insurance is no help in 30days and they do not pay then small claims court action is next.

The longer you wait the worse it gets. Send the certified letter ASAP, call your insurance everyday, and then file the case after 30days if neither is helpful.