My vehicle was damaged in the parking lot at my job. There were two eyewitnesses to this incident even the driver that caused it admitted to the damages. But Progressive refused to pay for all the damages their excuse for not paying was that they don't believe the driver could have caused that much damage from the direction he was traveling is this the case worth even trying to fight
Sounds like you may have grounds to pursue a claim. You will have to file suit against the at fault driver. You cannot directly sue his insurance company, only in exceptional circumstances. However, Progressive will hire an attorney to defend the at fault driver and hide behind him. There are statutes that put pressure on Progressive to settle the claim or it may be bad faith on their part. Depending on the amount of damages it may not be feasible for an attorney to handle the case. Small claims/Magistrate court is an option. You maybe entitled to cost of repairs, loss of use and diminished value and other damages. Most Magistrate Courts publish useful info on their websites. Use Avvo's find a lawyer feature to start your search for an attorney. Good luck.
Answers to questions are for general purposes only and do not establish an attorney-client relationship.
Put the claim into your insurance company and generally they will subrogate the claim to get paid in full, including your deductible, from Progressive.
Whether this is an economically viable case to fight will depend on the amount in controversy. Plan on paying an attorney between 200 and $300 an hour to represent you. If you are talking about a $1000 difference in payment, it may not be worth it to hire an attorney to fight.
You could file an action, perhaps, in small claims court, depending upon the amount of the damages and handle it yourself without an attorney. You will testify to the nature of your vehicle just before the impact and the damages after the impact and the insurance carrier will be forced to bring in an expert reconstructionist to help prove their position. That expert will be very expensive for them to bring to court, thereby encouraging settlement with you.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
I would definitely fight this. Let your insurance company know they are denying the claim, and they will fight on your behalf. This is something that you pay your insurance company to do.
James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.
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