Oh no!!! I am so sorry to hear this update!! And you can't fight it??

Ugh, I'm so sorry that's the outcome.

One of the problems with insurance companies like Progressive is that you don't have an agent to go in and advocate for you.

I avoid companies like them for that very reason.

quote:

Originally posted by Lisa:
Welp, I got the final determination from my insurance company today and they are finding me liable for the damages to my own car and to the truck that hit the tank after me. They say that since all evidence indicates that the tank was stationary in the roadway when I hit it, not in mid-air flying off the truck, it is not a "sudden emergency" and that I was not maintaining a safe following distance because if I was, I would have been able to swerve. I think this is complete and total bullcrap -- they don't have any witnesses and no way to prove how long the tank was in the road or how long it had been there -- but apparently that's the way it is. Just adding to the fun and joy that is the year 2020. Between this claim and the 2 hail claims I filed for damages to 2 of our cars during the mother of all storms last year, I wouldn't be surprised if Progressive drops me come renewal time.

I'd be asking them for a written statement of what the appeal process is.

quote:

Originally posted by Steve Miller:
One of the problems with insurance companies like Progressive is that you don't have an agent to go in and advocate for you.

I avoid companies like them for that very reason.

Can you explain, Steve? (or anyone else)
I thought one of the things you were paying for with your premium was advocacy. It would be in Progressive's best interests to NOT have to cover Lisa's accident. I didn't realize that some insurance agencies didn't operate this way.

Lisa,

That sucks. I'd find a good lawyer, a structural engineer, a physicist, and a diesel mechanic to fight back.

quote:

Originally posted by Nina:

quote:

Originally posted by Steve Miller:
One of the problems with insurance companies like Progressive is that you don't have an agent to go in and advocate for you.

I avoid companies like them for that very reason.

Can you explain, Steve? (or anyone else)
I thought one of the things you were paying for with your premium was advocacy. It would be in Progressive's best interests to NOT have to cover Lisa's accident. I didn't realize that some insurance agencies didn't operate this way.

I buy my insurance through an independent agent. He's primarily a Farmer's agent but sends my business out for quote every year to several different companies.

I've only had a couple of claims, but each time he has gone out of his way to make sure I was OK with the settlement. Farmer's might screw around and lose an auto policy but my agent stands to lose all of the rest of my business as well. Farmer's knows this and gives independent agents quite a bit of leeway as far as what gets covered.

What Steve M says..I have an agent who is someone in my community..He goes to bat for me and on his own, looks for better deals..

I think some think that model is old fashioned and go for 'online' but having a real person on your side cannot compare..

We have been really happy with AMICA. They have covered all of our disasters, and been really helpful while we were in the middle of them.

In Progressive's defense, they've been super nice through it all and they paid out for my car quickly (I had to dicker with them over the payout amount a bit but I suppose that's to be expected). I'm not out of pocket anything other than my $500 deductible (well, and just the general fact that you can never really replace your wrecked car with what they pay you) -- at least until policy renewal when I'm sure my rates will get jacked if they don't just drop me altogether. And my claims adjuster was super nice - it's in his best interest to find someone else to go after as well, but he said he consulted with like 4 of his higher ups, all trying to figure out how they could legally go after the first trucker, and there just wasn't enough evidence. I guess if you can't definitively go after someone else, the liability is automatically on you.

I did email him this morning asking about the appeal process. We'll see what he says.

Irony is that we were with our last 2 insurance companies for 10+ years each. The first was through Costco but the most recent we did have an agent (he was a nice guy but definitely not the brightest bulb in the chandelier). We did not file a single claim with either of them -- so Progressive is just getting hit with some really bad timing where our family is concerned. And I periodically price shop our policies through independent agents (I just did it again last week) - no one could even come remotely close to the price I am getting from Progressive....I'm talking a 4-figure(!!!) difference on a 6 month policy for the exact same coverage! In fact, when we switched to progressive, we added a teen driver and a car and still ended up paying less than what we were paying for just Mr. Lisa and I at the old company. Honestly, at that price, even if they jack my rates, there's a good chance it will still be less than my old company was charging.

At any rate, we shall see what happens in September when the policy is up for renewal.....

quote:

Originally posted by pianojuggler:
Lisa,

That sucks. I'd find a good lawyer, a structural engineer, a physicist, and a diesel mechanic to fight back.

I'd love to do that and if I had unlimited money, I'd be all over it just out of principle. But just hiring a lawyer would cost more than whatever high risk auto policy I might have to suck it up and get for the next 3 years. And maybe I'll be ok - one of the agents I talked to last week said Progressive tends to be very good even with a claims history.

quote:

Originally posted by Lisa:
I guess if you can't definitively go after someone else, the liability is automatically on you.

That would be true ... if you didn't have insurance. Insurance is supposed to insure against the risk, not to insure that they go looking for somewhere else to offload the risk.

Yes but doesn't the insurance have to assign blame somewhere? They aren't making me pay for the damages out of my own pocket - that's what insurance is for. But they do have to blame it on someone, no?

(Then again, why am I defending an insurance company -- one that kind of screwed me???!!! )

I hadn't opened this thread when it originally appeared (I think I didn't need any more bad news). I'm sorry your experience with the insurance is not better, but what you say about assigning blame is true. I also think the fuel spilled on the road from the tank was diesel, not gasoline, because diesel is much less volatile and prone to ignition. Also, almost all trucks that size run on diesel.

I had a little run-in with an 18-wheeler on my way to the Chicago area piano party last year. The damage occurred while I was stopped and the truck was moving very slowly as we attempted to merge around an accident in a rainstorm on the Ohio Turnpike. I stopped and reported the accident to a state policeman who was pulled onto the shoulder just beyond the initial accident while the truck went on its way (I'm not even sure if he knew he hit me). In any event, I had to pay my deductable for the repairs as I had no way to prove that I didn't in some way precipitate the accident.

All that being said, is your son enjoying his guitar?

Big Al