Progressive Insurance Lawsuit Process and Settlements

On Behalf of | Sep 15, 2017 | Car Accidents

Progressive Insurance is among the largest car insurers in the United States. Founded in 1937, it currently underwrites 13 million policies and employs over 27,000 workers.

If you are in an auto accident, there is a good chance that the other party will be insured by Progressive. Like many insurance companies, it will look to settle your claim for as little as possible and offer challenges at each step, especially if liability is disputed. Here is what to expect when Kaire & Heffernan, LLC assists you with your claim against a Progressive policyholder.

Negotiating with Progressive

Every auto accident claim starts with negotiating with the adjuster. While you heal from your injuries, we will collect medical records, find police reports, and interview any witnesses. This helps us get the facts of your case so we can explain the sequence of events and how they caused your injuries.

Once we have all the needed information, we will send a demand package to the adjuster. It contains evidence, like medical records, and we offer an argument on why you deserve compensation and propose an amount. Most insurance carriers will low-ball our proposal and that is when the discussion for fair compensation begins.

Progressive offers one advantage to this process. It is known for quick communication, and claims are rarely delayed because an adjuster never returns an email or telephone call. You will know quickly when we receive a counter-offer or if one of our offers is accepted.

However, Progressive adjusters assume the worst about you. There is often discussion on whether medical treatment is justified or too expensive. The extent of your injuries is frequently questioned, especially if you don’t have any fractures and experienced soft tissue injuries. It can be difficult for even seasoned attorneys to get past these assumptions, and thus we often need to file a lawsuit just to have the case taken more seriously.

At that stage, Progressive will hire a lawyer.  They will be thorough and you may be in for a long deposition. We will help you prepare so your testimony is consistent and the process is not too overwhelming.

The main strategy of Progressive seems to be exhaustion. There is a hope that after long discussions, intense depositions, and the general anxiety of the legal process, you will likely give up and settle for less than expected. Many clients decide to settle rather than endure this, and that decision is up to you. But knowing that is Progressive’s way of handling claims, should help you in understanding your opponent’s goals-and make no mistake about it, they are your opponent.

Value of Your Claim

Factors that influence the value of your claim include:

  • Extent of your injuries: A broken bone, for example, will have a higher claim value than a whiplash injury with no other symptoms.
  • Medical costs: High medical bills often generate higher offers because they involve the most serious injuries. However, if costs seem unreasonably high, that may lower the value of your claim.
  • Lost income: If you must take time off work for recovery, surgery or doctor appointments, that is factored into your settlement offer.
  • Additional expenses: Injuries that result in requiring at-home care of services like housecleaning are worth more than those that do not render a victim dependent.
  • Long term effects: Permanent disability or disfigurement claims often settle quickly because juries are sympathetic in these cases.
  • Pain and suffering: Often a subjective measurement, the impacts on your life are also considered in a settlement offer. If you missed out on activities or suffered extensive pain, that is also subject to compensation.

Some factors are easier to prove than others. Lost income and medical costs are easy to document–we just submit time sheets or medical statements to the adjuster. Proving more subjective elements like pain or the need for domestic help can be challenging, especially if an adjuster questions your sincerity.

This is why it is important to find legal counsel and not try to go through this yourself. Recovering from injuries is often a job in and of itself, and the last thing you need is to worry about communicating with an adjuster, gathering medical records or convincing a total stranger that you are indeed in pain every single day.

Getting Results

Kaire & Heffernan, LLC offers extensive experience with car accident litigation, including claims against Progressive. Our proven results show we are dedicated in helping car accident victims in Florida secure the compensation they deserve.

If you suffered injuries in a car accident, do not speak with the other insurance company before  discussing the matter with us first. Progressive’s adjusters will look for holes in your story and simply answering their questions could make your claim difficult. Furthermore, Progressive is notorious for contacting an accident victim and immediately offering a quick settlement in exchange for a release of all claims.  DO NOT accept their offer until you get a medical and legal opinion. We will gladly give you advice how to proceed, even if you decide not to hire our firm.

There is nothing to lose by meeting with one of our attorneys. Contact our office today to schedule your free consultation.

Mark Kaire has been practicing law in Miami for nearly 30 years. He is dedicated to helping the injured people of Miami receive compensation. Mr. Kaire has been blogging on Miami’s legal issues for many years.