I was hit by a woman pulling into a parking spot at a about two weeks ago. She parked and went into the store and I noticed the damage when I came out. I called the police and had a police report done. When the lady came out of the store she admitted to the cop that she hit me and there was clear damage to her car consistent with what happened. she had progressive insurance, thankfully or so I thought.

I call progressive and make the claim, they call the woman and of course she changes her story and says she didn't hit me. I had to take my truck in to Progressive for measurements and pictures, they estimated the damage at just over $1,000. I just got a call from progressive saying they are denying my claim due to inconsistencies with the damage, The woman at progressive admitted that she did not even request a police report and then claimed that a police report doesn't matter because the cop didn't see it happen. I then got her to admit that the damage to the woman's car was in a consistent spot but that the scratch on the woman's car looked old and there was no paint transfer (My truck is black and her Rav4 is a dark grey) so they are denying coverage.

I'm livid and would like advice on what to do next. I'm not letting them off the hook.

Small claims court? That may change her mind on letting her insurance pay it.

Had the same thing happen with the wife. Guy in a borrowed car changes lanes into her. Progressive carries the insurance. Ours is USAA. We notify them of the accident. Cop writes in report the other car hit my wife's. Progressive denies liability because cop body camera does not show other driver actually saying he was at fault. USAA paid damages ($2K or so) and did not charge our record with the accident and did not raise our rates. Said they would take it up later with Progressive. Doubt they did. This was at the same time as Harvey and adjusters were being pulled into the GC. Maybe not settling claims is how Progressive keeps rates low.

WP69 said:

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Had the same thing happen with the wife. Guy in a borrowed car changes lanes into her. Progressive carries the insurance. Ours is USAA. We notify them of the accident. Cop writes in report the other car hit my wife's. Progressive denies liability because cop body camera does not show other driver actually saying he was at fault. USAA paid damages ($2K or so) and did not charge our record with the accident and did not raise our rates. Said they would take it up later with Progressive. Doubt they did. This was at the same time as Harvey and adjusters were being pulled into the GC. Maybe not settling claims is how Progressive keeps rates low.

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I just spoke with my insurance and they pretty much said that they would do the same thing, the only problem is that I still would have to pay my $500 deducible and its doubtful that they would ever recover the money and refund it to me. Progressive is claiming the only way that they will change their mind is is I come can produce a tape of the incident, the store possible has a security camera but it would be hard to obtain I'm sure.

Before trying to get the video, which would probably take a subpoena, you should ask their security if anything is on it that would show fault. They did that for me once in a hit.and run, but not enough detail to get the license plate.

garc said:

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I don't understand why a confession to the cop is not enough to force them to pay.

You should take Progessive and the lady to small claims court.

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I don't know if its worth the hassle to do that for $500 (my deductible). I actually just got the police report and it doesn't actually mention that she confessed, although she told me sorry (in English). I did request the body cam video of it though and hopefully that will show something. Only problem (big problem) was that the woman only spoke Spanish. I was shocked that she had insurance whenever I saw and heard who it was.

ac04 said:

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call your insurance company

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This. Give them all that info so they cover your damage. They will just sue the woman or her insurance company to get theirs.

I had this happen many years ago once in a parking lot. Was gone out to eat for my birthday and when I got back my truck was smashed in the back and had been moved about 2 feet from the collision. It had black paint all over it and a black ford truck was parked in front of me that had matching green paint from my truck on it.
Owner was intoxicated and wouldn't admit to hitting my truck. Even told the cops I must had hit him. Cop went and felt my hood which was cold and then felt his which was still warm. Because it was private property they wouldn't write a police report determining fault. I ending up claiming it on my insurance and they went after his insurance. Months later I got a check in the mail for my deductible back.

Were there any witnesses?

Sue her in JP court.

crowman2010 said:

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SUB-RO-GA-TION

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Can't get any clearer that that. +1

crowman2010 said:

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SUB-RO-GA-TION

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This right here. It's why you pay for insurance. Your insurance is there for more than just parts and labor.

Choose to subrogate an accident a couple years back. Even though the driver who caused the accident got a ticket Nationwide fought it. Meanwhile I'm stuck with making payments on a totaled car. State Farm fought the good fight and eventually won so I got the deductible back. It took almost a year for them to sort things out.

On another note. I just finished dealing with Progressive on another accident. They accepted fault but tried to railroad me into a settlement and were very harsh on their appraisal of the car. (For example they devalued it for "extensive creasing in the seats". I managed to work out a settlement myself but they (intentionally) didn't make it easy.

When I lived in Boston, I got rear ended by a kid (18) in an old crappy mustang. He was going about 35 mph faster than I was upon impact. His airbags deployed.

He had progressive and liability only. The police officer refused to write a report (lazy) but said the kid was at fault and gave me his contact information if insurance needed it. Kid refused to admit fault to insurance until I got ahold of his parents. Even then, progressive fought me the whole time claiming that I had pre-existing damage (I didn't) and pressured me to settle quickly. I refused and made them deal with the shop vs cutting me a check. Eventually they paid for it all.

However when I turned in my rental car at the shop, enterprise told me that they were going to say I still had it for several more days to help the shop make some additional money. When I called progressive afterwards and gave them the heads up on the scam the shop was running, I got a call from a VP telling me that they apologized for how they treated me protesting my claim and a note was made that I wouldn't experience that again. Luckily I haven't had to test it.

What a ****ty company.

It sounds like I need to switch from Progressive ASAP.

Aggietaco said:

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falconace said:

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However when I turned in my rental car at the shop, enterprise told me that they were going to say I still had it for several more days to help the shop make some additional money. When I called progressive afterwards and gave them the heads up on the scam the shop was running, I got a call from a VP telling me that they apologized for how they treated me protesting my claim and a note was made that I wouldn't experience that again.

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"We were ****ing you, but we won't **** you as hard in the future."

Jesus.

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But...but...we have a cool "name your price tool" that looks like a grocery scanner!

Man I read stories like these and get really paranoid. Doesn't even matter anymore if there is a police report (IF you are lucky to have the cops show up), insurance still doesn't pay. That is if the other person doesn't just drive off without exchanging info.

You just have to know how the system works. Lurking on this board enough gets you some basic know-how

I just had a guy sideswipe me this morning. Fortunately nothing worse than scratches and a small dent. Guy refused to stop and drove like an idiot trying to get away from me. Fortunately I was able to get his license plate number and was able to drop far enough back that I could follow him without having to do all of the swerving and switching lanes that he was doing. Eventually, when he saw that I was still following, he pulled into a parking lot and popped out of his truck ready for action. I parked a good 30 feet away and have him on video rushing my car and yelling. Fortunately he saw that he was being recorded, and backed off. When I told him to sit tight and that the police were on their way, he immediately jumped in his truck, drove off, jumped a curb and disappeared down a side street.

Filed a police report and with the license plate and video, they located the car in the database and are going to pursue (supposedly) a failure to stop and give information charge. I filed the report with my insurance and gave them the case number.

I have zero doubt that the guy is going to claim that he was the victim and that I sideswiped him. According to the police, we both have the same (Allstate) insurance. I fear that insurance is going to claim that they can't prove who was at fault and I'll be out my deductible. Not sure if his fleeing and refusing to stop carries any weight with regard to fault and claims. I might have to consider small claims court for that deductible and hopefully his behavior after the wreck will be taken into consideration. But knowing that, even if the judge rules for me, I might still not ever get the money.... it might not be worth the effort to pursue.

I'm surprised that a police report exists since the incident occurred on private property. Assuming they actually did one, get a copy and send it to Progressive. I'd ask for a manager and try talking to them about it with the police report in hand. If that doesn't work, do what everyone else has suggested and let your carrier subro the claim.

I used to handle subrogation matters in a past life and that should be a sure win for your carrier if the police report indicates that she admitted fault to the officer.

Ag for Life said:

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hatchback said:

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People suck.

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Yep. Lying in this situation is pretty much guaranteed these days.

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This happens so often now it wouldn't surprise me if the insurance companies are asking people to change their stories.

Contact your insurance company and let them fight this for you. That's what you paid them for.

I learned that in May 2017 when a guy sitting at a redlight decided to go through the intersection and I was the lucky guy who t-boned him. He admitted to the cops he thought it turned green and I had 2 witnesses who saw it, including the lady sitting at the red light next to him. I thought it was pretty cut and dry (he was cited) and didn't get my insurance involved initially. His insurance (Progressive) tried to say I was at fault because he made it across 5 lanes of traffic before getting hit (2 southbound lanes, 1 southbound turn lane, 1 northbound turn lane, and 1 northbound lane) and that means I wasn't paying attention. I explained that I saw him take off and slammed on my brakes but was at a point that I couldn't stop. They didn't care. I opened a claim with my insurance and they took care of me and then went after the other driver. Took it all the way to arbitration and won.